News and resources

Changes to online defamation laws in NSW and the ACT came into effect in July 2024. The new law is designed to improve the balance between freedom of speech and the protection of a person’s reputation when someone publishes adverse comments online. “Innocent dissemination” a new defence for online defamation The NSW Defamation Amendment Act […]

We often add an emoji to our emails and text messages to bring a bit of levity to otherwise dull communications, but beware – icons such as the thumbs up, smiley face or gun could land you in trouble with the law. Legal impact of using emojis An emoji is an image used in texting […]

Concerns with the use of artificial intelligence on the internet are growing, due to its potential to design powerful toxins, control robo-missiles, perpetuate online scams, spread misinformation and lies, and create AI-generated deepfake imagery and porn. Children exploiting deepfake imagery for bullying Australia’s online safety regulator reports AI-generated sexually explicit imagery and deepfake porn are […]

Before you could be called up for jury duty to decide the guilt or innocence of an accused, the fate of the person before the court was usually decided by a priest in the belief that God would intervene on behalf of the innocent. Court trials before juries existed In the past there was no […]

For thousands of years we have been told not to speak “evil” of the dead. Some say it dates back to the 6th century BC philosopher Chilon of Sparta, who warned it would harm the deceased’s enjoyment of the afterlife. Mind you, Chilon also said “obey the law”, and Australian law says you certainly can […]

Lawyer’s use of AI program confirms its unreliability A New York lawyer was embarrassed to admit using artificial intelligence (AI) program ChatGPT when preparing his courtroom legal argument, after it was exposed to have cited several court cases that didn’t exist. When the judge and opponent lawyers couldn’t find the cases, the lawyer discovered ChatGPT […]

The sudden emergence of ChatGPT and artificial intelligence (AI) chatbots as a feature of everyday life has opened up a new frontier in digital communication and content creation. However, the capacity of the technology to create false information raises the threat that those who disseminate such falsehoods can be sued for defamation. What is ChatGPT? […]

“Can I be legally sacked on probation? I thought I’d have to be caught stealing from the office, dodging work or really stuffing up an assignment, but no, I was fired for no reason at all. Is that legal?” Is it legal to be sacked on probation? The short answer is yes – you can […]

The commercial use of facial recognition technology has caused concern among privacy advocates. What is facial recognition technology? Facial recognition technology breaks down the face into micro measurements, such as the distance between the eyes, the nose to the upper lip, lower lip to point of jaw, ears to eyes and so on – measurements […]

Shopkeepers unwilling to confront thieves despite huge cost to business Shoplifting, theft, robbery and vandalism cost Australian businesses up to $9 billion a year, but the National Retail Association says only 20 per cent of thefts are reported to police. That is largely because confronting thieves pocketing goods in your store could lead to confrontation, […]

A man is shot and lies dying on the floor in a pool of blood. He’s discovered by another person not involved in the shooting, who realises he’s still alive. The dying man mutters something. The person leans in closer, and with his final breath the man makes a dying declaration, whispering the name of […]

The Brisbane District Court has awarded $82,500 in damages to a cosmetic surgery clinic after it took a former employee to court for defamation on Instagram. This judgement breaks new ground in social media defamation awards, as an Instagram story is usually only visible for 24 hours. (See BeautyFULL CMC Pty Ltd & Ors v […]

In 2019, Germany’s highest court ruled that a man convicted of murder in 1982 has the “right to be forgotten”, meaning his name can be removed from online search results. The man complained that although he had served 20 years behind bars for killing two people, he was still paying for the crime. He argued […]

Internet trolls, bullies, abusers and anyone who threatens another person or posts revenge porn images online could face fines of up to $111,000 under new laws proposed for Australia. The federal government introduced the Online Safety Bill 2021 to parliament in February 2021, heralding the world’s toughest take-down laws for online abuse, including new powers […]

The Federal Court has awarded $875,000 in damages against a person who posted “vile” unfounded conspiracy theories online, after the victim initiated a defamation case. National Party MP Anne Webster, who is based in Mildura in northern Victoria, discovered she and her husband, along with the charity they’d founded, were targeted by a woman making […]

Did you know that posting fake reviews online about a business or professional service provider could land you with a massive fine? In fact, a reviewer was recently ordered by a court to pay $530,000 in damages. Fake review defames and damages reputation of plastic surgeon In this particular case, a woman claimed in a […]

Publishers forced to check uncertain facts and seek legal advice As an Australian publisher and editor of a community newspaper since pre-internet times, like most other publishers, I have an increasing appreciation of the need for discretion when deciding what is printed. Many of my publisher colleagues have been and some still are proud advocates […]

A Melbourne businessman is suing Google for defamation in a case which could have huge repercussions for anyone who has reason to start proceedings against a company or individual. Google search results place innocent shooting victim among renowned gangsters In 2004, amid a series of underworld killings, Mr Milorad Trkulja was shot in the back […]