Category Archive for: ‘Defamation’

Sticks and stones may break my bones, but make Facebook comments about me and… you’re in tricky territory

We previously posted about Justice Tracey’s recent Federal Court decision where the designer of “White Sands” swimwear was fined $25,000 for public comments which ‘questioned’ whether Seafolly copied White Sands’ designs. The fine was in relation to misleading or deceptive conduct, however, the public nature of comments back and forth meant that one party sued for defamation, the other for …

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Google ordered to pay $200,000 in damages for online defamation in Victoria

The Supreme Court of Victoria today handed down its damages judgment in an online defamation case brought against Google Inc and Google Australia. The man, Mr Trkulja, was falsely identified as being a criminal on the internet. In particular, when one performed a search using the Google search engine the resulting pages showed an image of Mr Trkulja’s appearing next …

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Defa-haha-mation… is there any room for humour in the law of defamation?

The recent case of Cornes v The Ten Group & Ors [2011] SASC 104 has put into question where humour fits within our society.  The judgment indicates that the Court is prepared to intervene where a joke goes too far.

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Did you mean … defamation? Why it’s-a not so good for Google’s Autocomplete

Google had a laugh on April Fool’s Day, releasing a joke ad for a “human autocompleter” in place of the computer algorithms presently used.  It’s good to see a corporate entity willing to take the mickey out of itself, as only days earlier, the Milan Court of Appeal handed down a decision that held Google Italy liable for defamation because of the way its autocomplete feature linked a businessman’s name with the words for “fraud” and “conman”.

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Defamation in social media: Evony v Everiss

Earlier this month, USA registered company Evony initiated proceedings against UK blogger Bruce Everiss for defamation in the Supreme Court of New South Wales, Sydney, Australia.  Everiss is the author of a popular blog called Bruce on Games.

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Criminal defamation for Facebook slur

Be careful what you write on Facebook!  Adelaide teenager Christopher Cross has recently been convicted for criminal defamation after posting material about a local policeman on a Facebook site.  Cross said that he  “didn’t realise you could get in trouble for things on the internet ”.  Pleading guilty in the Kadina Magistrates Court to criminal defamation, Cross became only the second person in South Australia ever convicted of the rarely used charge.  He now has a criminal record and was sentenced to a 2 year good behaviour bond.
 

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Can’t you take a joke? UK defamation case offers guidance on when the Courts will be amused

The Australian parody/satire fair dealing defence to copyright infringement was introduced in December 2006 (s 41A of the Copyright Act ).  But does anyone really know what it covers?  Humour is subjective, and there is a dearth of relevant case law in this country.  Of course, the parody/satire defence doesn’t require a piece to be funny per se (although such a requirement could lead to interesting courtroom debates), and the nature of parody implies that the piece must at least be comedic in nature.

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