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defamation.
- 1. Internet intermediary liability for defamatory third-party content in Australia: the next chapter
Most Australian States and Territories look set to introduce defamation law reforms dealing with the liability of internet intermediaries for third-party content by 1 July 2024. If you host third party content online, review your practices before the new laws arrive.
Article, 28 Sep 2023
- 2. Forum shopping undermining the "uniform" defamation law
We expect to see the Federal Court become even more attractive to defamation plaintiffs if they do not have to establish serious harm before trial. The Supreme Courts of Western Australia and the Northern Territory are also currently an attractive prospect, since under the law of those jurisdictions, serious harm has not been introduced, and the concerns notice process is not mandatory.
Article, 7 Sep 2023
- 3. Defamation: the serious costs of failing to establish "serious harm"
It is likely that many defamation claims will continue to be decided at an early pre-trial hearing on the question of serious harm – and failing to do so could be a catastrophic mistake for many plaintiffs.
Article, 25 Aug 2023
- 4. Defamatory Google search results make it liable once again as a secondary publisher
Once given notice of defamatory URLs and sufficient detail to identify them, search engines and online publishers of third-party material should take a proactive approach to removing them.
Article, 2 Mar 2023
- 5. Proposed defamation defences for digital intermediaries, including forum administrators
The recently released draft Part A Model Defamation Amendment Provisions and accompanying Background Paper present two alternative options for a new defence for digital intermediaries. Interested individuals and organisations are invited to provide written submissions in response to these documents by 9 September.
Article, 1 Sep 2022
- 6. Self-redress when you are defamed – your right of reply to an attack
Consider as one of your options “replying” to a defamatory attack (ie. counter-attacking) rather than seeking vindication through the more expensive and slower route of legal proceedings.
Article, 1 Sep 2022
- 7. Is Google the Internet’s librarian, or merely a tour guide? High Court rules Google is not a publisher in defamation
The return by a search engine of a search result which contains defamatory material does not, by itself, make the search engine a “publisher” for the purposes of defamation.
Article, 18 Aug 2022
- 8. Poking the bear: taking (or avoiding) action to prevent aggravated damages in defamation claims as a secondary publisher
A provider of a platform must take its own take down policies very seriously because it will be assessed against its own standards as well as the law.
Article, 24 Jun 2022
- 9. "What's the harm in that?" Australian courts consider the newly introduced "serious harm" test in defamation law
Plaintiffs must establish serious harm as a separate element in an action for defamation, but whether that happens at a preliminary hearing requires meeting the "special circumstances" threshold.
Article, 9 Jun 2022
