Articles sur Media law

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Giving a reference is protected, in defamation law, by the common-law defence of qualified privilege. shutterstock

Can you sue someone for giving you a bad reference?

In many cases, a reference will contain negative things about its subject. This is part of a reference’s design: the referee should give a full and frank assessment.
The 60 Minutes employees Tara Brown and Stephen Rice arriving home from a Beirut prison. Dean Lewins/AAP

The scandal of 60 Minutes: no broadcasting standards, no investigation

When Channel Nine was implicated in an illegal ‘child recovery’ operation, many would have assumed the media regulator would investigate. Yet Australian broadcasting standards are so limited there will probably be no independent inquiry at all.
Indonesian media moguls have argued that the internet means cross-media ownership laws that prevent common ownership of radio, television and newspapers are obsolete. shutterstock

Australia can learn from Indonesia’s experience before relaxing its media laws

Indonesia’s media landscape may be a model which Australia is emulating as it looks to change media ownership laws. There are positives to this, but also causes for concern.
Joe Hockey’s successful defamation case against Fairfax Media raises questions about the extent to which politicians should be able to sue in relation to publications about their public conduct. AAP/Dan Himbrechts

Hockey v Fairfax should start the debate on defamation law reform

Hockey v Fairfax illustrates that recent legal and technological developments still pose challenges for defamation law, which has not been reformed to keep pace with these changes.
Picking a fight with a media company should not be a politician’s priority. AAP/Nikki Short

Hockey’s defamation win is dark news for democracy and free speech

The elephant in the room in the just-concluded defamation case between Joe Hockey and Fairfax Media was the actual story being attacked. Media organisations ought to be able to instigate the debate without fear of reprisals by litigious politicians.
The ‘Blurred Lines’ verdict is only the most recent copyright ‘Controversy’ to erupt – just ask Prince. Mike Blake/Reuters

The messy history of music copyright suits

Like ambulance chasers, gimlet-eyed entertainment lawyers have been trained to detect the most trivial copyright infringements.

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