defamation

Defamation Reforms

NSW Parliament passes legislation to change defamation laws The NSW Government recently approved amendments to current defamation laws. The new laws will change how the practice of defamation operates. While the new bill is yet to be enacted into legislation, it’s important to be aware of the changes coming. WHAT IS DEFAMATION? Defamation occurs when …

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Man holding tweet sign: New defamation laws and how they affect you

Successful Outcome in Preliminary Defamation Proceedings

A potentially defamatory “Australian” article In February 2019, The Australian published several online and print versions of an article entitled “NDIS provider did time for fraud“. The articles described Ms. McPhee, an individual with previous fraud convictions. The article explained that Ms. McPhee was the current “chief” of a Registered Service Provider for the NDIS  …

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Newspaper Reader Defamation Libel

Appeal court finds that media companies are publishers of third party Facebook comments

MEDIA RELEASE – 1 JUNE 2020 The NSW Supreme Court, Court of Appeal, today released its decision in the matter of Fairfax, Nationwide News and Australian News Channel v Voller. In the first case of its kind in this country, this is a landmark decision that will alter the face of how social media is …

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Peter O'Brien Dylan Voller Defamation Action

Perth man lodges $350,000 defamation claim over Slack group chat comments

Perth man and operator of E-Station, a supplier of EV (electric vehicle) charging equipment, Patrick Finnegan, is suing for defamation as a result of three mens’ comments via the through the business social media outlet Slack.  Mr. Finnegan is seeking a claim of $350,000 in general damages as well as aggravated and special damages through …

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male social media night

“Stay Clear of This Place!”: Cheng v Lok, a successful defamation suit against an erroneous Google Review

How badly can a negative, and wholly inaccurate, Google review affect your reputation and business? Can the law properly protect your reputation in the age of anonymous, online publication? These very contemporary questions was the subject of Cheng v Lok 1 , a recent defamation action brought by Adelaide barrister Gordon Cheng (in an unaccustomed …

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Defamation claim of the Yolngu people in the Northern Territory versus Channel 7 and the Sunrise program

Our principal lawyer Peter O’Brien, and solicitor Stewart O’Connell, were in the news last week. This publicity related to the defamation claim of the Yolgnu people in the Northern Territory versus Channel 7 and content broadcast on their Sunrise program. You can discover more about the media coverage in the following links: Guardian: Channel Seven settles defamation …

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Residents of Yirrkala Aboriginal community and Channel Seven head to mediation in defamation case

Media Release – 16/09/2019 Members of a Yolgnu community in Arnhem Land will attempt to mediate their defamation and racial discrimination case against Channel Seven later this week. Parties will engage in a mediation conducted by the Honourable Stanley Jones AO QC, former jurist of the Supreme Court, in the remote Aboriginal community of Yirrkala. …

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Dylan Voller Wins Landmark Social Media Defamation Case

Media Release – 24/06/2019 Former youth detainee Dylan Voller launched defamation action against three media organisations over comments made by public users on the respective Facebook pages of those organisations. Today in the Supreme Court of NSW, Justice Rothman found in essence that each of the defendants were not merely conduits for the comments. They …

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Channel 7 Hosed-out in Yirrkala Community Case

MEDIA RELEASE – 13/06/2019 On 13 March 2018 on its Sunrise Breakfast program, Channel Seven broadcasted a segment with the title, “Aboriginal Adoption, Proposal for White Families Should Take in Abused Kids”. The segment, headed by host Samantha Armytage, was widely condemned and provoked passionate protests for its lack of Aboriginal voices, the tone of …

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Geoffrey Rush Wins $2.9 Million on #MeToo Defamation Case

Geoffrey Rush was awarded a staggering $2.9 million after winning his defamation case against The Daily Telegraph. The Oscar-winner, 67, was wrongfully accused of “inappropriate behaviour” towards a female co-star in a series of reports by the newspaper publication. Record breaking defamation payout: economic loss, compensatory aggravated damages The record-breaking defamation payout included $1.98 million …

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