Category Archive for: ‘Media’

New rules for recording and broadcasting judgments in the NSW Supreme Court

In news that will be of particular interest to media organisations, the Supreme Court of NSW has introduced new rules that provide for judgment to be recorded and broadcast. Under the new rules (Part 9A of the Supreme Court Act 1970 and Part 13 of the Supreme Court Rules 1970), a person may apply to the Court for permission to …

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Domain name disputes and the onus of truth

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper, speedier, alternative to litigation for the resolution of dispute between the registrant of a domain name and a party claiming competing rights in that domain name. The auDRP is our version of ICANN’s UDRP, …

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Should we #RenameISIS? When trade marks attack

“What’s in a name? That which we call a rose. By any other name would smell as sweet.” – Shakespeare What if roses, instead of being called “roses”, were called “stink bells”?  Would they smell as sweet?  What if they were called “crapweed” or “stench blossoms”, as Bart Simpson famously suggested? What about if they were called “ISIS”? Unfortunately, this …

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Negotiating the perils and pitfalls of corporate social media: a lesson from Madden v Seafolly

Online social media is now widely acknowledged as the new frontier of corporate communications.  Indeed, nearly 80 per cent of large companies now use social media to connect with their customers.  Having an online presence has become effectively mandatory, but with that comes a range of risks, including in relation to potentially misleading or defamatory statements. The recent decision in …

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Serious Invasions of Privacy – a new Cause of Action in Australia?

The Australian Law Reform Commission (ALRC) released its final report on “Serious Invasions of Privacy in the Digital Era” (Report) yesterday, setting out the detailed legal design of a statutory civil cause of action for serious invasions of privacy.  In a report commissioned by the Gillard government in 2013, the ALRC recommends that the cause of action be enacted in …

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8 things you need to do now that Facebook has banned “like-gating”

“Like our page!” is a phrase you see a lot on Facebook.  But following a change to Facebook’s Platform Policy last week, you may not see it as much.  Great news for users, but maybe not-so-great news for those businesses relying on like-gates to gain traction on Facebook.  Here are 8 things that all businesses on Facebook will want to think about now …

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Lift Shop v Easy Living Home Elevators: trade mark infringement and search engine optimisation

Can you infringe a competitor’s trade mark using “search engine optimisation” methods (“SEO” in industry-speak)? In Australia, the answer will depend largely on whether your use of that trade mark amounts to use “as a trade mark” within the meaning of the Trade Marks Act 1995 (Cth). In a recent decision of the Full Court of the Federal Court of …

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The rise of the citizen journalist and the online blogger

Digital technologies and social networking websites have radically altered the nature of news reporting. In particular, news reporting has succumbed to modern society’s need for immediacy. The Internet has given rise to the “citizen journalist”, who is able to upload one-off breaking news items when arriving first upon the scene of an event. Whilst the increased access to newsworthy items …

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The ALRC releases Discussion Paper on “Serious Invasions of Privacy in the Digital Era”

As we foreshadowed last month, the Australian Law Reform Commission has recently released Discussion Paper 80, on “Serious Invasions of Privacy in the Digital Era”. The terms of reference for the discussion paper were to investigate the ways in which law can protect the privacy interests of the public, and in particular, come up with detailed mechanics for a new …

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