ABC indulged ‘activist agenda’, says V’landys

Original article by Kieran Gair
The Australian – Page: 7 : 15-Oct-20

Racing NSW CEO Peter V’landys has given evidence in his defamation lawsuit against the ABC and one of its journalists. The case centres on a story that appeared on the ‘7.30’ current affairs program in October 2019; it featured an interview with V’landys that was spliced with graphic footage of retired racehorses being killed at a Queensland abattoir. V’landys claimed that the story "pandered to an activist agenda" and alleges that the ABC failed to make it clear that he has no jurisdiction over racehorses in Queensland. V’landys is seeking aggravated damages.

CORPORATES
AUSTRALIAN BROADCASTING CORPORATION, RACING NSW

Judge takes swipe at media on privacy

Original article by Michael Pelly
The Australian Financial Review – Page: 9 : 28-Sep-20

High Court judge Patrick Keane criticised the ‘old media’ in a recent speech titled ‘Too Much Information: civilisation and the problems of privacy’. Justice Keane claimed that media owners had a degree of self-interest in their push to have existing defamation laws changed, and that when it comes to choosing between the right to privacy and the right to know, they are likely to favour the right "with the dollar signs attached". The states recently agreed to introduce reforms to defamation laws which they argue in part will better protect public interest journalism, but so far New South Wales is the only state to have passed the uniform legislation.

CORPORATES
HIGH COURT OF AUSTRALIA

Curb on mega-payouts to celebrities

Original article by Chris Merritt
The Australian – Page: 2 : 24-Jul-20

A proposed national model law will be on the agenda of a Council of Attorneys-General meeting on 27 July. The national model laws includes changes to defamation laws, including replacing the existing defence of statutory qualified privilege for media companies with a new defence of public interest journalism. The model bill will also seek to address the rising cost of defamation payouts, amid a growing trend for judges to bypass existing caps on damages for causing harm to a person’s reputation.

CORPORATES
AUSTRALIA. COUNCIL OF ATTORNEYS-GENERAL

Google hit for defamatory search results

Original article by Tessa Akerman
The Australian – Page: 3 : 1-May-20

The Supreme Court of Victoria has directed Google to pay lawyer George Defteros $40,000 over search results linked to his name that he alleged were defamatory. Justice Melinda Richards stated that a 2016 link to an article in ‘The Age’ did carry defamatory imputations, but she noted that Defteros had taken some years to get in touch with the newspaper and ask for the article to be removed. Richards also noted that Defteros had referred to criminal Graham Kinninburgh as "a friend", and she suggested that this "reduced the sting of the defamatory imputation" that Defteros felt.

CORPORATES
GOOGLE INCORPORATED, SUPREME COURT OF VICTORIA

ABC sued for report on horse cruelty

Original article by Brad Norington
The Australian – Page: 1 & 2 : 3-Mar-20

Racing NSW CEO Peter V’landy is suing the ABC and journalist Caro Meldrum-Hanna for defamation. The legal action relates to a story that aired on ‘7.30’ in October, in which it was alleged that hundreds of former racehorses were sent to abattoirs. V’landy had agreed to appear on the program on behalf of Racing NSW, and stated that no horses in New South Wales were being sent to abattoirs. His lawyers will allege that the ABC acted dishonestly in not telling him that it had undercover footage of animal cruelty that it was going to air on the program, and that V’landy should have been given the chance to explain that Racing NSW had no jurisdiction in Queensland, where most of the horses that were sent to abattoirs came from.

CORPORATES
AUSTRALIAN BROADCASTING CORPORATION, RACING NSW

Media’s pitch for a legal overhaul

Original article by Nicola Berkovic
The Australian – Page: 2 : 5-Feb-20

The media industry’s Right to Know coalition has used a submission to a review of Australia’s uniform defamation laws to advocate greater protection for public-interest journalism. The coalition argues that public interest in freedom of expression should be one of the factors that courts must consider as part of a defence to defamation claims. It has also called for an overhaul of the maximum payouts that apply in defamation cases.

CORPORATES
NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, AUSTRALIAN BROADCASTING CORPORATION, SPECIAL BROADCASTING SERVICE (SBS)

Former Silverchair frontman sues Sunday Tele

Original article by Max Mason
The Australian Financial Review – Page: Online : 20-Sep-19

Former Silverchair frontman Daniel Johns is suing ‘The Sunday Telegraph’ for defamation over an article that appeared in its 11 August edition. The article alleged Johns frequently attended an infamous brothel called The Kastle in the Sydney suburb of Chippendale. Johns, who has commenced proceedings against the newspaper, its editor and the journalist who wrote the story in the Supreme Court of Victoria, says the article is "simply untrue" and that he had not been aware of the brothel’s existence until he saw the story.

CORPORATES

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