February 24, 2017

The media and privacy – new developments

On 28 March I will be presenting at the Film and TV Law Seminar on the media, privacy codes and developments in privacy law. In particular I will be reviewing ACMA’s new Privacy Guidelines and recent code breach findings. I’ll also look at privacy law developments here and in the […]
November 28, 2016

Interviewing victims of crime for publication

The true crime genre is currently popular both locally and internationally. While some publications, such as the US podcast “Serial” and the Netflix series “Making a Murderer“, focus on the accused, others focus on the victim’s story. Understandably, not all victims of crime or their families wish to share their […]
October 22, 2016

Publication risk – ten questions to ask

I’m often confronted with disbelief when I explain the legal complexities of publishing content in Australia. Here’s a simple guide: if you answer “yes” to any of these ten questions, your content probably needs legal review. 1. Does the publication include adverse comments about anyone? A defamatory publication is one […]
July 24, 2016

So a written release is worth something after all.

The trial judgment in the legal battle over “The Opposition” shows it’s not that easy to “revoke” consent to be in someone else’s doco, provided you weren’t tricked into it. In an earlier post I wrote about the injunction granted by the New South Wales Supreme Court against “The Opposition”, director Hollie […]
June 10, 2016

Journalist sources and defamation law reform

I’d not be the first to state the obvious – that our defamation laws are punishingly expensive, complex and slow.  This is not a new thing. But given the disruption journalism is now undergoing, these laws need quite urgent reform. In this piece for Inside Story I’m citing as evidence the […]
April 22, 2016

What’s a written release worth? Part 1: Kidu injunction against doco screening

This note reports on the initial injunction granted by Slattery J in favour of Dame Kidu, a participant in director Hollie Fifer’s debut documentary “The Opposition”. For Part 2, reporting on the subsequent trial judgment dismissing the injunction, click here. An interlocutory injunction granted to prevent the imminent overseas screening […]
March 16, 2016

NSW may get an invasion of privacy law

A right to sue publishers for damages for “negligent” invasion of privacy, including for news reporting, has been recommended by a NSW parliamentary committee. On 3 March 2016 the the NSW Standing Committee on Law and Justice published its Report no 57 Remedies for the Serious Invasion of Privacy in New […]
February 29, 2016

Donald Trump wants US libel laws to be more like ours

Donald Trump recently said that if elected President he would “open up our libel laws so when [newspapers] write purposely negative stories…we can sue them and make lots of money”. That sounds eerily familiar to observers here in Australia, where there is a long history of politicians suing or threatening […]