Unlike: judge wrong in Facebook defamation case

Original article by Leo Shanahan
The Australian – Page: 2 : 23-Jul-19

News Corp Australia will contend that it should not be liable for defamatory comments that are posted by readers of its publications on its Facebook pages. The media group will appeal against a recent Supreme Court of New South Wales ruling with regard to liability for third-party comments on Facebook. News Corp will argue that it is not the primary publisher of such comments, and that media companies use Facebook’s services on term and conditions imposed by the social media giant.

CORPORATES
NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, FACEBOOK INCORPORATED, SUPREME COURT OF NEW SOUTH WALES, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, SKY NEWS

Digital giants must take rap for online comments

Original article by Hugh Marks
The Australian Financial Review – Page: 39 : 3-Jul-19

Australian media companies receive little or no revenue from making their content available via digital platforms such as Facebook and Google. However, a recent court ruling means local media companies can be held liable for defamatory comments that are posted on their Facebook pages. At the same time, Facebook’s terms of use do not allow media companies to turn off comments. The federal government needs to take action regarding the issue of control over media content on digital platforms; it must also clarify who is liable for defamatory comments that are posted on such platforms.

CORPORATES
FACEBOOK INCORPORATED, GOOGLE INCORPORATED, SUPREME COURT OF NEW SOUTH WALES, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC

Follow the UK on press freedom, PM urged

Original article by Zoe Samios
The Australian – Page: 4 : 27-Jun-19

A court ruling that media companies can be regarded as the publisher of comments posted on Facebook has prompted industry leaders to call for legislative action. News Corp Australasia executive chairman Michael Miller says the federal government should adopt similar laws to those in the UK, whereby publishers are not legally responsible for comments that their readers post on their social media pages. ABC MD David Anderson also expressed concern about the ruling, while Nine Entertainment CEO Hugh Marks said Facebook should be subject to the same regulations as traditional media.

CORPORATES
NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, AUSTRALIAN BROADCASTING CORPORATION, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, FACEBOOK INCORPORATED, NATIONAL PRESS CLUB (AUSTRALIA), SUPREME COURT OF NEW SOUTH WALES

Facebook ruling sparks call for defamation law overhaul

Original article by Lilly Vitorovich
The Australian – Page: 1 & 6 : 25-Jun-19

The Supreme Court of New South Wales has ruled that media companies can be deemed to be the publisher of comments that are posted on their Facebook pages, rendering them liable for comments that are defamatory. The court ruled that News Corp Australia and Nine Entertainment Company are responsible for users’ comments posted on Facebook, arguing that they are able to monitor such comments and prevent defamatory ones from being published. News Corp Australia says the ruling demonstrates the need for changes to the nation’s defamation laws.

CORPORATES
NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, SUPREME COURT OF NEW SOUTH WALES, FACEBOOK INCORPORATED, SKY NEWS

Geoffrey Rush awarded almost $2.9 million after defamation win

Original article by Jamie McKinnell
abc.net au – Page: Online : 24-May-19

Nationwide News has been ordered to pay nearly $2.9 million in damages to Hollywood actor Geoffrey Rush. He was found to have been defamed by ‘The Daily Telegraph’ over allegations that he had behaved inappropriately towards actress Eryn Jean Norvill during a Sydney Theatre Company production of ‘King Lear’. Rush’s payment includes $850,000 for general and aggravated damages, $919,678 for future economic loss and $42,000 in interest. Rush’s barrister Sue Chrystanthou noted there had been an offer to settle for $50,000, but Nationwide News had instead chosen to mount a truth defence.

CORPORATES
SYDNEY THEATRE COMPANY, NATIONWIDE NEWS PTY LTD

Furious PM’s office threatens Ten over Waleed Aly’s emotional Christchurch plea

Original article by Samantha Maiden
The New Daily – Page: Online : 19-Mar-19

Sources at the Ten Network have confirmed that the office of Prime Minister Scott Morrison has complained about comments made by Waleed Aly on ‘The Project’ in the wake of the Christchurch mosque attacks. Aly did not mention Morrison by name in his editorial, in which he said a member of the Coalition’s shadow cabinet in 2010 suggested that the party should capitalise on anti-Muslim sentiment in the community. Aly then said the unnamed person is now Australia’s "most senior politician", a comment which prompted Morrison’s office to warn of the potential for defamation action.

CORPORATES
AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, TEN NETWORK HOLDINGS LIMITED

Radio star Jones fights to overturn gag order

Original article by Charlie Peel
The Australian – Page: 1 & 2 : 14-Feb-19

A Brisbane court is hearing an application to lift an injunction that prevents veteran radio broadcaster Alan Jones from repeating imputations that prompted a record defamation payout in 2018. The Wagner family was awarded $3.75m in damages after the Supreme Court ruled that Jones had defamed them in a series of broadcasts on 2GB and 4BC. The Wagners’ lawyer has argued that the injunction simply prevents Jones from repeating the allegations and does not prevent him from discussing the case.

CORPORATES
2GB, RADIO 4BC BRISBANE PTY LTD, SUPREME COURT OF QUEENSLAND, COURT OF APPEAL (QUEENSLAND)

No formal protest over Rush, court told

Original article by Nicola Berkovic
The Australian – Page: 3 : 27-Sep-18

The defamation case over allegations against Hollywood star Geoffrey Rush has continued in the Federal Court. The case centres on a series of newspaper articles about Rush’s alleged inappropriate behaviour during a Sydney Theatre Company production. Rush’s lawyer told the court that the actress who made the allegations had never lodged a formal complaint about his conduct, and there had been no formal investigation of the allegations. Instead, the allegations had been raised by the actress in a conversation with two other members of the STC in a bar.

CORPORATES
SYDNEY THEATRE COMPANY, FEDERAL COURT OF AUSTRALIA, NATIONWIDE NEWS PTY LTD

Alan Jones defamed Wagner family over Grantham floods

Original article by Mark Ludlow
The Australian Financial Review – Page: Online : 13-Sep-18

Macquarie Media will have to pay Toowoomba’s Wagner brothers $3.75 million after it and broadcaster Alan Jones lost a defamation case in the Supreme Court of Queensland. The case related to allegations by Jones in broadcasts in 2014 and 2015 that the quarry the brothers owned had caused the deaths of 12 people in the Grantham floods in 2011. The Wagner brothers had been seeking $4.8 million in damages. Justice Peter Flanagan directed Jones and his programs to never again repeat his defamatory comments.

CORPORATES
MACQUARIE MEDIA LIMITED – ASX MRN, SUPREME COURT OF QUEENSLAND, RADIO 4BC BRISBANE PTY LTD, 2GB, QANTAS AIRWAYS LIMITED – ASX QAN, VIRGIN AUSTRALIA HOLDINGS LIMITED – ASX VAH

Decision day for Alan Jones in Wagner defamation case

Original article by Mark Schliebs
The Australian – Page: Online : 12-Sep-18

Supreme Court of Queensland Justice Peter Flanagan will hand down his decision in a defamation case involving broadcaster Alan Jones on 12 September. The Toowoomba-based Wagner brothers are seeking $4.8 million in damages over 32 broadcasts made by Jones in 2014 and 2015. The Wagners claim they were defamed by imputations that the collapse of a dirt wall in a quarry they owned caused the deaths of 12 people in floods in 2011. They are also suing Jones and co-defendants 4BC and Harbour Radio regarding allegations concerning the Wellcamp airport near Toowoomba; journalist Nick Cater is a defendant in regard to one of the 32 broadcasts.

CORPORATES
SUPREME COURT OF QUEENSLAND, RADIO 4BC BRISBANE PTY LTD, HARBOUR RADIO PTY LTD