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Article 27/10/2022
The use of juries in defamation proceedings in America and Australia
We recently contributed an article to the Communications and Media Law Association’s Communications Law Bulletin on the use of juries in defamation proceedings in America and Australia. In light of an American jury’s recent 2022 verdict in favour of Johnny Depp, we consider the different positions – between America and Australia, and within Australia itself – in relation to the right to a trial by jury, as well as whether defamation proceedings are more suited to be tried by judge or jury.
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Case review 27/06/2022
Contempt, defamation, and the dissemination of online ‘poison’: part one
In part one of our analysis of Barilaro, we provide an overview of the circumstances leading up to the decision, including what went wrong for Google as it progressively abandoned all of its defences until it was on the receiving end of one of the most scathing defamation judgments in recent times.
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Case review 27/06/2022
Contempt, defamation, and the dissemination of online ‘poison’: part two
In part two of our analysis of Barilaro, we explore some of the interesting and topical questions raised by the decision at a time when Australian defamation law reform is ongoing.
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Article 23/02/2022
Protecting doctors from online ‘trolls’ and other reputational risks
Doctors and other health professionals are, regrettably, often the victims of online abuse – including by Google reviews, Facebook posts, and on specialist websites like ‘RateMD’s’. In this article, we explore the remedies available, how these remedies may be undermined if the Commonwealth Government’s ‘Social Media (Anti-Trolling) Bill’ is enacted and possible options for reform.
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Article 02/02/2022
Will the proposed ‘Anti-Trolling Bill’ regulate the ‘cowards’ palace’ online?
In December 2021, the Commonwealth Government released an Exposure Draft of its Social Media (Anti-Trolling) Bill, promoting it as offering “some of the strongest powers to tackle online trolls in the world”.