Category Archive for: ‘Defamation’

Tom Cruise proves Risky Business for gossip mags

In late 2012, Life & Style and In Touch magazines published headlines indicating Tom Cruise had abandoned his daughter Suri. Most people might dismiss such articles as minority reports. However, Cruise has filed a Complaint in the District Court of California for defamation and invasion of privacy. He’s asking that the publisher of the magazines show him the money, to …

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Why all the secrecy? Tom Waterhouse defamation settlement reignites court access debate

Imagine you are an “A” type lawyer keen to know what’s going on.  Yes, that’s most of us at IP Whiteboard. It means we were frustrated some time ago when told by the NSW District Court that pleadings in the Tom Waterhouse v Fairfax Media defamation case were unavailable for review.  Our previous post here explains the policy rationale. Our curiosity …

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Parody accounts on Facebook and Instagram: a no-go zone?

Our latest posts on the Adam Gilchrist parody Twitter account saga (see here and here) have generated such interest that we thought we’d do a little more digging. Could ‘Fake Gilly’, for instance, replicate his parody account on either Facebook or Instagram? The short answer is: ‘No’. While Twitter expressly allows the creation of parody accounts in accordance with its …

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Heartache and Sour Grapes on the Internet: A Lesson in Case Management

If you can’t say anything nice, don’t say anything at all. It’s an old saying, but it rings true, especially when social media is your platform of choice for voicing some less than complimentary opinions. The temptation to vent your frustrations via Facebook or Twitter can be overwhelming- after all, we spend a lot of time online. However, it’s all …

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Neil Brooks and the Nine Network: Does ACMA offer sufficient vindication to current affairs program targets?

Current affairs programs like Today Tonight and A Current Affair enable ordinary Australians to voice their grievances in circumstances where traditional avenues to justice (i.e. the Courts) are increasingly out of reach. These programs are hugely popular. It follows that the more extravagant the allegation, the higher the ratings.  However, what happens if the allegations over-reach? A recent successful complaint against …

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Why we can’t bring you an analysis of Tom Waterhouse’s defamation claim against Peter Fitzsimons and Fairfax

The Deputy Registrar of the District Court of New South Wales has refused IP Whiteboard’s non-party application to obtain from the court file a copy of Tom Waterhouse’s court complaint against Peter Fitzsimons and Fairfax (more officially known as proceeding No. 2012/284242). The decision tends to focus the mind on the balance between two potentially competing principles. In the right …

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No defamation or discrimination liability for Google Australia

The Federal Court has found that Google Australia has no ability to control or manage the Google search engine and has therefore dismissed defamation and discrimination claims against the search giant.  King & Wood Mallesons’ John Swinson and Anthony McKew examine the case and its implications here.

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Stephen Dank’s defamation claim for $10 million damages – A good press release, but what about the law

The Australian sports scientist Stephen Dank has been at the centre of recent media reports concerning his oversight of a supplements program to players at Essendon Football Club (a Melbourne AFL team). Last Sunday 10 February, his solicitors announced his plans to sue for defamation. The lawyers’ media release, reportedly entitled: “Defamation Claims for Ten Million Dollars”, foreshadowed multiple proceedings …

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Read all about it! Natalie’s article on potential legal implications of Lance Armstrong’s confession

Our very own IP Partner Natalie Hickey has written an op-ed piece on the potential legal implications of Lance Armstrong’s confession in his interview with Oprah Winfrey last week. Will Lance Armstrong have to pay back those he sued? The Elsewhere nice when greasy really, does topiramate change your metabolism Oribe first with research http://theyungdrungbon.com/cul/zithrogen/ the, bought Works levitra 30mg …

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