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December 2009

Volume 28, Issue 3 2009
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2009, A Turning Point
Shane Barber, CAMLA President, looks back on the year that was.
The Challenge of Oursourcing in the current economic climatePeter Mulligan and Carrie Neal discuss recent developments in outsourcing and some considerations that should be taken into account in outsourcing agreements.
ACMA v 2UE and the Public InterestThe ACMA applied to the Federal Court in November 2008 for orders that Radio 2UE Sydney pty Ltd pay civil penalities for contraventions of the Broadcastin Services Act 1992 (Cth). The Communications Law Centre intervened in the case in order to make submissions in the public interest. In this article, Professor Michael Fraser, Director of the Communications Law Centre, and Matt Vitins provide a summary of the decision and the submissions made by the CLC.
Switching Channels and Changing LawsValeska Bloch reviews the regulation and management of spectrum in Australia, before outlining some fast approaching policy questions that will emerge from the digital divident, the expiry of current spectrum licences and the NBN.
The Trafigura Super-Injunction Natalie Buck discusses the Trafigura "super-injunction" episode in the UK, the role of Twitter played in undoing the injunction and whether such injunctions are even appropriate.
Next Generation Broadband Regulation: NBN Co. and the Government's New Role in the MarketKelvin Liew considers the potential of the NBN to address ongoing competition issues in telecommunications. This essay won the 2009 CAMLA essay competition.
No Free Kicks: Copyright in the Sporting Arena.
The Senate Standing Committee on Environment, Communications and the Arts conducted an inquiry into the reporting of sports news and the emergence of digital media earlier this year. In this article, Victoria Wark considers the report of the Senate Inquiry and some of the arguments made for and against providing further protections for sporting events under the Copyright Act.

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September 2009

Volume 28, Issue 2 2009
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After the dust settles - what does the Telstra Separation Legislation Really Mean?
Shane Barber, Kathyrn Edghill , Graham Maher and Mitch Kelly review the content and implications of recently proposed amendments to Australian telecommunications legislation.

Expanding the Domain Names System - The introduction of new gTLDs

Adrian Fisher examines the introduction of new generic top-level domains, ICANN's proposed application process and recommendations to adress anticipated trade mark issues.
Search Engine Liability for Defamatory Snippets
Anne Flahvin notes a UK decision on whether "snippets" provided by online search engines could give rise to liability for defamation.
Telstra Corporation LTD v ACCC (2008)
Thomas Jones and Piccolo Willoughby provide a case note on a recent decision of the Federal Court.
The future of the "Multiple Publication" Rule
Anne Flahvin discusses proposals to introduce a "single publication rule" for internet publications in the UK and whether Australian defamation law might also movie in this direction.
Pre-Paid calling cards industry update: Federal Court proceedings, ACCC investigationa and recent Communications Alliance Industry Guidelines
Mitch Kelly looks at the increased regulatory attention being paid to pre-paid calling cards.
Strengthening Computer Network Protection Laws
Jeremy Storer outlines proposals to amend interception legislation and the implications for computer network owners and operators

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July 2009

Volume 28, Issue 1 2009
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Cold, Dead Hand? Broadcasting Regulation and the Emergence of the National Broadband Network.

Luke Waterson and Nicholas Dowsley consider the position of the next generation audio-visual media services under existing broadcasting laws.

How will the NBN alter the communications landscape in the future?

Niranjan Arasaratnam, Andrew Ailwood and Nathan Stacey review some of the potential effects of the NBN on broadcasting.

Mobile Premium Services - the new regulatory regime

Adrian Lawrence and Simone Brandon outiline the new regime for the regulation of Mobile Premium Services, including an examination of the Mobile Premium Services Code registered by ACMA.

"It's a Jungle out There" : The Legal Implications of Underbelly.

The banning of the broadcast of the real-life drama series, Underbelly, in Victoria in 2008 raises important issues about the impact of globalisation on the local administration of criminal justice. In this article David Rolf and Jacqueline Mowbray canvass the challenges presented by two significant globalising tendencies - internet technologies and human rights - through a case study of Underbelly and the related litigation.

From chalk and talk to an online world of Digital Resources

The January 2009 edition of the Communications Law Bulletin included an article by Alex Farrar on amendments made to the Copyright Act affecting the uses of multimedia in classrooms. Further to that piece, Simon Lake discusses the activities of Screenrights and available statutory licences for educational copying and the communication of broadcast materials.

Radio Frequency Identification and Data Protection: Privacy Related Issues

Valerie Perumalla discusses RFID technology and how it fits with regulatory frameworks established by privacy and surveillance legislation.


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April 2009

Volume 27, Issue 4 2009
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Minister's Address to the Communications and Media Law Association
On 25 March 2009, Senator Stephen Conroy, Minister for Broadband, Communications and the Digital Economy, addressed the Communications and Media Law Association at the offices of Henry Davis York in Sydney.
Landmark Copyright Case: ISP Liability for Copyright Infringement?
Anita Cade and Maya Port consider some of the issues raised in a recent Federal Court Action against ISP iiNet
and also review approaches taken to ISP responsibility for users' copyright infringement in certain other countries.
Do You Need to be licensed to Operate Your Internet Discussion Site?
Matthew McMillan and Howard Cheung discuss the ASICS's recent proposalls on regulating internet discussion sites.
Fakery and Deception in Participation
TV - Lessons Learned from the IK'S TV Phone-line Scandals
Gavin Smith exmines the background and regulatory response to one of the UK's worst television public relations disasters involving the faking of winners in on-air phone competitions and broadcasters receiving revenue from premium-rate phone votes which were never counted.
Government Focuses on Consumer Law Changes
Nick Abrahams and Kylie Howard provide an update on recent proposals to reform Australian Consumer Protection Laws.
Sports Broadcasting in the Digital Era
Valeska Bloch considers the changing landscape of sports broadcasting.
Trade Practices Amendment: Achieving Clarity in Pricing
Bridget Edhill reviews recent amendments to the Trade Practices Act 1974 (Cth) concerning component pricing.

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January 2009

Volume 27, Issue 3 2009
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Product Placement - US and UK Regulatory Reviews of an Expanding Market
Lesley Hitchens considers some of the issues associated with product placement in broadcasting and discusses recent reviews commenced by US and UKregulators.
Broadcasting and Social Networking - The Role of Privacy Guidelines
Michael Coonan looks at the use of best practice guidelines in privacy for broadcasters and social networking sites.
A Question of Malice
Chris Chapman provides a case note on Australannd Holdings v Transparency & Accountability Council Inc. & Anor (2008) NSWSC669 which considered the requirements of publication and malice in an action for injurious falsehood.
Classroom Use of Multimedia Materials - Copyright Infringement or a "Special Case"?
Alex Farrar examines the impact of amendments to the Copyright Act 1968 (Cth) on the use of multimedia content in classrooms and questions whether these amendments have achieved their intention of providing greater flexibility in the use of copyright materials.
Child Photographers, Not Child Pornographers
Suzanne Derry talks about the laws that apply when creating art involving children and the Australia Council protocols.

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