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What is the Communications Law Bulletin?

The Communications Law Bulletin (CLB) discusses a wide range of communications law and policy issues and is distributed in hard copyand/or email to members as part of their membership.

Authors regularly include communications and media lawyers, industry representatives, academics, policy experts and law students.

Contributions and comments to the CLB are sought from members of the public including features, articles and case notes. We have a flexible word limit but most articles are about 1000-1500 words. Please send all contributions and comments to

Past issues of the CLB are being progressively loaded onto this site and will be accessible here except for the four most recent issues.

2011 - Volume 30


Cloudy Day for Copyright Control: The ‘Optus TV Now’ Case and the Battle Between Content Protection and Innovation

Tureia Sample provides an overview of the background, legal issues and implications for participants in the media industry arising out of the recent Federal Court decision in Optus v NRL & Ors.

Convergence Review: An Ambitious Agenda for Overdue Reforms

Kate Jordan and Toby Ryston-Pratt take a look at the Convergence Review Committee’s Interim Report, its implications for the media and communications industry and make some observations about the current recommendations, including proposed changes to media ownership laws.

Holding Back the Tide: King Canute Orders and Internet Publications

Sophie Dawson and Paul Karp consider the treatment and utility of King Canute orders and their implications for internet publishers.

Cloud Computing in the Wake of MegaUploads

Joelle Vincent considers the implications for cloud computing industry following the investigation and shutting down of online storage service provider, MegaUploads.

Spectrum Management and the Future of the ‘Sixth Channel’

Sarah Strasser looks at the status of spectrum management in Australia, focusing on the future of the last unallocated channel of spectrum reserved for broadcasting purposes.



Privacy Law Reform – Getting the Balance Right

In a presentation to the Communications and Media Law Association on 6 September 2011, Timothy Pilgrim reflected on the statusof privacy law in Australia in the context of the work done by the Office of the Privacy Commissioner and developments in theprivacy law reform process.

How Should Australian Courts Approach the Use of Live Text-based Communications in Court?

Steve Hind considers the use of live text-based communications in court, as well as the risks posed and the approaches taken towards it in various jurisdictions.

Museums and Web 2.0: Mission-Driven Approaches, Legal Challenges and New Opportunities**

Susan Sheffler examines the integration of Web 2.0 practices by museums and some of the legal challenges they face in digitising their collections.

Personal Privacy Protection in Australia: A Statutory Solution

Henry Fraser and Rowan Platt examine the proposal made by the ALRC and recently addressed in the Government’s Issues Paper for the introduction of a statutory cause of action for invasion of privacy.

Consumer Protection Enhancements for the Australian Telecommunications Industry

Shane Barber reviews the work of both Communications Alliance and the ACMA in 2011 as they seek to address the Australian telecommunications consumer protection regime.

Challenges and Choices: Universal Service in Australia and China

Thomas Jones and Sarah Godden examine the similar challenges faced by Australia and China in the provision of universal telecommunications services to remote areas and the opportunities for knowledge sharing and co-operation between the two


Foreign Direct Investment in Digital Media in China: Challenges and Opportunity

Adrian Fisher looks at the challenges and opportunities that come with foreign direct investment in digital media in China.

The Twentieth Century Fox v BT Decision: A New Development in the Debate About ISP Obligations to Prevent Copyright Infringement

Donna Short and Hazel McDwyer consider the recent decision in Twentieth Century Fox Film Corp and Others v British Telecommunications plc and its potential implications in Australia.

Hacking By Australian Journos? A Risky Proposition

Nick Sinclair considers how existing laws in Australia would apply to electronic hacking by the local media.

Cush v Dillon: A boost for the Defamation Defence of Qualified Privilege in the Context of Inaccurate Communications

Sophie Dawson and Lucienne Cassidy examine the High Court decision in Cush v Dillon which confirms common law qualified

privilege as an important defamation defence.

The Author’s Guild et al v Google Inc. 05 Civ 8136 (DC)

Henry Fraser examines the Google Books decision and considers its potential implications for the digital copyright regime in Australia.


The ‘Convergence Phenomena’ from a Regulator’s Perspective

Australian Communications and Media Authority Chairman, Chris Chapman, detailed his learnings and experiences from being at the coalface of regulatory convergence over the last five years, in a speech to CAMLA in Sydney on 30 May 2011.

Journalists’ Privilege – Improved Protection Made Law

Leah Jessup discusses the new Evidence Amendment (Journalists’ Privilege) Act 2011 (Cth) and the improved protection it offers journalists and their sources.

Headline Issues In Technology M&A Deals

Nick Abrahams and Daniel Atkin outline some headline issues raised in M&A deals in the technology sector.

2010 - Volume 29


2011: The Year Ahead


Lawyers from Allens Arthur Robinson take a look at some key areas of likely reform for the communications sector in 2011.

Contracting With Social Media

Nick Abrahams and Sara Payton discuss some of the risks facing businesses who engage in social media.

Computer Monitoring of Government Employees: Not An Invasion of Privacy

Marlia Saunders, Melanie Bartlett and Sophie Dawson consider a recent Federal Court decision which found that monitoring a

Commonwealth employee’s personal use of IT systems was not an invasion of privacy.

Personal Property Securities Reform

Rebecca Sadleir considers the impact of reform of securities regulation on the communications sector.

A Pyrrhic Victory For ‘Doing Squat’: A Short Critique Of The Full Court’s Decision In Roadshow Films v iiNet

Wen Hui Wu reviews the Full Court of the Federal Court’s decision in Roadshow Films v iiNet and considers the interplay between

copyright authorisation and the ‘safe harbour’ provisions.

2010 – Change is the Only Constant

Outgoing CAMLA president Shane Barber reflects on the year that was.

Mitchell Landrigan and Marissa Wong discuss the importance of freedom of expression and the federal Government’s proposed ISP level filtering scheme.

Shifting the Goal Posts: Anti-Siphoning Report and Reforms announced

Sophie Dawson, Anita Cade and Marlia Saunders outline proposed amendments to the anti-siphoning scheme.

Building Safe Harbours in Choppy Waters – Towards a Sensible Approach to Liabillity of Internet Intermediaries in Australia

Peter Leonard considers safe harbours for internet intermediaries inboth the Copyright Act and the Broadcasting Services Act, and equivalent provisions in the United States, European Union and certain other jurisdictions.

<< Intentionally left blank >>

Graeme Samuel’s address to the Communications and Media Law Association

On 4 May 2010, graeme Samuel, Chairman of the Australian Competition & Consumer Commission, presented the following address to CAMLA. This is an edited version of his speech.

ISP liability forcopyright authorisation:the trial decision in Roadshow Films v iiNet PartTwo

This is the second and concluding part (the first part was published in the April 2010 edition of the Bulletin) of an exploration of the contours of copyright authorisation liability as that liability relates to a case involving the Australianinternet service provider iiNet and thirty-four film and television companies. In this part the findings in Roadshow Films v iiNet will be described, together with a critique of certain aspects of the trial judgement.

The UK Defamation Bill 2010:A Review

Jason Bosland examines proposals for amendment of UK libel law.

Harbour Radio Pty Ltd v Australian Communications and Media Authority (2010) FCA 478

Harbour Radio, which operates 2GB in Sydney, has successfully challenged a decision by the ACMA to investigage a complaint by an advertiser against 2GBfor adverse comments broadcast on the Ray Hadley Morning Show. The decision is the first to consider the interpretation of the complaint handling provisions of the Commercial Radio Code of Practice and the investigative powers of theACMA. The effect of the decision is to reverse the approach historically taken by the ACMA in determining whether a complaint is a “Code complaint” and demonstrates the discrete nature of the investigative powers granted under the Broadcasting Services ACT 1992 (Cth).

Refused Classification

In this article, Jessica Azzi considers the relationship between early book censorship laws and the current classification law.

2009 - Volume 28

ISP Liability for Copyright Authorisation: The Trial Decision in Roadshow Films v iinet Part One

This is Part One of a two part exploration of the contours of copright authorisation liability as that liability relates to a case involving the Australain internet service provider iiNet and thirty-four film and television companies. In this part a primer on copyright authorisation liability is provided, together with an economic policy explanation for why such liability exists. In part two, to be published in the June edition of the Bulletin, a critique on the trial judge’s decision in the case will be offered in light of this primer and policy exposition.

Spectrum and Swiss Cheese: The Digital Dividend in Australia

The DBCDE Green Paper on the digital dividend was issued in January 2010. This paper looks at the background issues associated with delivering a digital dividend in Australia including what a digital dividend is, its value and some of the issues with delivering that value to the public purse.

Premium SMS Regulation : A necessary reform or over-regulation stifling innovation?

The first week of March 2010 saw the ACMA announce the next wave of regulation for the premium SMS market, with the release of a Determination under the Telecommunications Act 1997 (Cth) and a Consultation Paper for a proposed second Determination. In this paper Hamish Fraser reviews the effects of recent regulation and discusses whether the premium SMS market is now being stifled by heavy-handed regulation.

“Won’t Somebody Please Think of the Children”: Would a Mandatory ISP level Filter of Internet Content Raise Freedom of Communication Issues?

Chris Govey considers whether Federal Government plans to impose mandatory ISP-level filtering could conflict with the implied freedom of political communication in the Australian Constitution

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 pident, 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.

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

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.

2008 - Volume 27

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.

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.

Greiner’s Farewell to ASTRA
On 7 November 2008 the Honourable Nick Greiner resigned after 5 years as Chairman of the Australian Subscription Television and Radio Association. The Honourable Steve Bracks, former Premier of Victoria, has taken on that role. In this speech, given at a lunch which followed the ASTRA AGM, Mr Greiner gives a frank appraisal of televsion in Australia in 2008.
Media and Communications in Australian Families
Lesley Osborne and Sarah Jean discuss the results of recent research into media use among children and young people.
The Future of the ABC and SBS
Ian McGill and Peter Kim survey a discussion paper on future directions for the national broadcasters.
Getting the Act Together
Hamish Fraser and Michael Stojanovic outline the content of the new consolidated telecommunications industry code.
ADifficult Cache to Solve – Regulating Content in a Digital World
Valeska Bloch considers online content regulation.

For Your Information

Hamish Fraser covers the recently released ALRC Report on Privacy

When Worlds Collide – Indefeasible Rights of Use, Tax and Commercial Reality

James Halliday and Linh Tran discuss the nature and forms of Indefeasible Rights of Use agreements as a distinct type of capacity supply arrangement that can have tax advantages.

The Producer Offset – A Shot in the Arm for Australian Film

Nick Abrahams and Victoria Dunn review tax incentives designed to support the Australian screen media industry.

Degrees of Influence

Heidi Bruce considers the continued relevance of the “degree of influence” principle as a regulatory philosophy of the Broadcasting Services Act.

You Can’t Always Get What You Want

Kieran Mahony and Tara Walker consider the conflict between protection of information under Australian law and disclosure compelled by overseas laws.

Australian Domain Name Policy

Rebecca Sadleir discusses the new auDA policy and the relaxation of rules on transferring .au domain name licences.

2007 - Volume 26

Reviewing Privacy Law in NSW

Michael Tlibury discusses the NSWLRC recommendations on invasions of privacy in anticipation of it’s report later this year.

Eye Spy to Spyware:Working within the Confines of the NSW Surveillance Devices Act 2007

The New South Wales Surveillance Devices Act 2007 significantly expands the regulation of overt and covert surveillance in New South Wales. Sophie Dawson and Helen Gill take a look.

Privacy 2.0: Online Privacy in a User generated World Wide Web.

Andrew Ailwood and Chris Govey look at the difference between younger and older web users when it comes to privacy.

Murray v Big Picture UK Ltd: An Image Right for the Children of Celebrities.

Recent decisions in the UK and Europe that deal with the rights of public people to private lives are looking at how it might be different for children. Anne Flahvin reviews the situation.

European Privacy Laws a Stumbling Block for ASIC.

Nick Hart looks at how European rights to privacy have recently dealt a blow to ASIC’s request s in the UK to obtain information for it’s investigations in connection with the infamous Offsett Alpine affair.

User Generated Content and Copyright

Michael Napthali discusses the treatment of user generated content in copyright law and questions whether the concept of “fair use” should be introduced in Australia.

The New Game in Town – An Update on the Players and Deal Structures in the Video Game Industry

Nick Abrahams and Kate Hynes survey the video game industry and typical deal structures in video game production.

Search Engine Marketing – Click or Trick?

Ken Shiu and Matt Vitins review some of the legal issues associated with search marketing.

Risk Issues for Web 2.0 – to Block or Not to Block Facebook

Nick Abrahams and Robert Rudolf look at how organisations might respond to Web 2.0 in the work place.

Online Content Regulation – The New Regime

Adrian Lawrence and Ryan Grant outline the new Content Services regime that will apply to internet and mobile content.

An Overview of the Digital Radio Legislation

Moses Kakaire reviews digital radio policy and the effect of the Broadcasting Legislation Amendment (Digital Radio) Act 2007.

Radical Privacy Law Reforms Proposed

Dr Gordon Hughes and Tim Brookes discuss the Australian Law Reform Commission’s recent discussion paper on Australian Privacy Law.

Telstra v Coonan: What is it and Why?

Hamish Fraser looks at the decision of Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts (No2) and the Federal Government’s Connect Australia program.

Ambush Interviews, Off Limites Questions and Fake Personas Under Trade Practices Law

Sally McCauslan discusses recent trade practices actions against the media and the free speech implications for journalists, documentaty makers and comedians.

International Regulation of Access to the Geostationary Orbit: Mission Impossible?

Sara-Louise Khabazian considers the ITU’s regulation of the Geostationary Orbit.

Football and Fair Dealing: Telstra v Premier Media Group.

Andrew Stewart discusses Telstra Corporation Pty Limited v Premier Media Group Pty Ltd anor (2007) FCA 568

Issues for Corporations and Regulators in Second Life and Virtual Worlds

Nick Abrahams looks at what virtual worlds are, why they are important, and forecasts the legal issues that could become relevant to virtual residents.

Right Place Right Time for National Indigenous Television.

John Corker introduces the National Indigenous Television Service and the legislative history behind its inception.

High Court Takes The Wind out of Shipbuilders Sails.

Marina Lloyd Jones reports on a recent decision in which the Hight Court considered the meaning of artistic craftsmanship and the copyrigh/design overlap.

A Very Expensive Lobster

Jennifer Lusk revisists Blue Angel Restaurant v John Fairfax and Sons Ltd (1998) and the mutual dislike that exists between defamation law and restaurant reviewers.

Managing Media Organisations

William Walder considers the political and technical context that motivated last year’s media law reform.

2006 - Volume 25

Telstra’s High Court Challenge – Context and Comment

Rob Neely reviews the foundations of Telstra’s constitutional challenge to Part XIC of the Trade Practices Act and outlines paralletl international experiences in the US and Hong Kong.

Preparing for a Full-Scale Invation? Truth Privacy and Defamation

David Ralph discusses the intersection between defamation law and privacy protection following the introduction of Uniform Defamation Legislation.

Future Looking Clearer for Community Television

Shane Barber maps the progress of Community Television into a digital broadcasting environment, considering the recommendationsof a recent House of Representatives Standing Committee on Communications Information Technology and the Arts report on the subject.

Launch of the Do Not Call Register

Matthew McMillan and Amity Arena provide an update on recent development in relation to the Do Not Call Register

Marsden, Ethics and Defamation

Marcus Powere re-reads Marsden v Amalgamated Television Services in light of Uniform Defamation Legislation, and Media Codes of Ethics. This issay won the 2006 CAMLA essay competition.

Reasserting Technoligal Neutrality

Matt Vitins and Andrew Ailwood meditate on the nature of television

Please note that this issue has been combined with Issue 4 and appears as Volume 25 Number 3/4

The New Media Landscape

Paul Mallam reviews the new media landscape unfolding in Australia

Focus on Copyright – Fair Use and Copyright in Australia

The Attorney General, The Hon Philip Ruddock MP, addressed the Communications and Media Law Association in August 2006 and set the scene for amendments to Australia’s copyright laws that came into effect in December 2006.

Copyright Law Reform

Catherine Mullins summarises the Copyright Amendment Act 2006

Protecting the Copyright Balance in Cyberspace

Adam Sauer looks at the competing philosophies (protection/control vs access/freedom) at play in conventional copyright regulation and where TPM’s fit in the mix.

The Mobile Premium Services Industry Scheme

Simone Brandon reviews the Mobile Premium Services Industry Scheme as recently approved by the Australian Communications and Media Authority

Mobile TV – the Hype and the Reality

Nick Abrahams and Glenda Stubbs look at legal and commercial issues raised by Mobile TV in Australia and internationally.

Do Not Call Register: Telemarketers Beware

Matthew McMillan analyses the Federal Government’s new legislation on the establishment of a national Do Not Call Register and minimum contact standards for the telemarketing industry.

Google in China

Goodle has been having trouble in China. Luke Bentzelzen and Yong Lee liik at the internet in china, what’s happening to Google, google’s response and the debate that’s followed.

Copyright Law Reform

Annika Forss and Peter Chalk summarise the Federal Government’s proposed changes to the Copytrght Act 1968 ( Cth) allowing for new uses of copyright material and strengthening enforcement in the digital age.

Digital Content Distribution in the Asia Pacific Region

Nick Abrahams and Trent Lyndon look at the issues confronted by US content vendors entering into new markets in Asia Pacific countries.

2005 - Volume 24

Media Ownership Laws: The Forecast is for Change

Carolyn Lidgerwood analyses the Australian Government’s recent announcements indicating a long anticipated shift in policy direction.

Defamation and satire – Drawing the Line

Christina Maloney, in this 2005 CAMLA Essay Prize winning paper, asks is the line between legitimate satire and defamation drawn in the right place or is satire stifled to an unacceptable extent?

Digital Dilemma

Dana Stewart, in this paper which received an honourable mention in the 2005 CAMLA Essay Prize, analyses the uptake of Digital Television in Australia.

Contempt and Public Interest

Robin Bowley, in this paper which received an honourable mention in the 2005 CAMLA Essay Prize, advocates clearer rules regarding sub judice contempt.

Unfair Terms in Consumer Contracts – The New Benchmark

Robert Neely and Olivia Kwok take a more detailed look at new Victorian requirements

E-Commerce Developments

Shane Barber and Bridget Edghill review the current trends and developments in relation to regulation of e-commerce in Australia.

Radio’s Digital Future

The Federal Government recently announced its policy framework for digital radio. Carolyn Lidgerwood sums it up.

Measuring Media persity – Recent Developments in the US

An important factor in promoting media persity is how to measure it. Luke Waterson looks at what they are doing in the US.

Convergent Regulation – Ofcoms first two years

Ofcoms was established under the UK Office of Communications Act 2002 as a fully converged regulator for the UK communications industries. It is equivalent, in Australian terms, to the ACMA plus the telecoms regulation team inside the ACCC. In a speech to the 2005 ACMA annual broadcasting conference on 10 November, Richard Hooper, the outgoing Deputy Chairman of its Content Board, identified what he believes to be Ofcom’s key success factors and challenges faced by the two-year old super regulator.

Legal Issues Arising From IPTV

Nick Abrahams and Glenda Stubbs provide an overview of the regulatory issues associated with Internet Protocol TV.

Fair Use and other Copyright Exceptions in the Digital Age

Raani Costelloe looks at the scope of the Federal Government’s current review.

Federal Media Policy Developments 2004-2005

Prepared by William Atkins of the Communications, Media and Technology Group Practice at Allens Arthur Robinson

The New Workplace Surveillance Act: Impacts on Media Organisations

Sophie Dawson and Arthur Artinian look at some of the implications of the new Workplace Surveillance Act and its consequences for media reporting.

Small Noise, Big Trouble

Shane Barber examines the recent decision in the City of Mitcham v Hutchison 3G Australia Pty Ltd and examines its potential impact on the government’s telecommunications network policies.

Offsetting Cross-media Ownership and Media Concentration: Examining the ‘Canadian Model”

Simon Curtis discusses a potential model for the deregulation of Australia’s cross-media ownership and media concentration laws based on the Canadian experience.

Important Changes to the Reporting of prescribed Sexual Offences Proceedings in NSW

Sophie Dawson and Julie Cheeseman review the Criminal Procedure Further Amendment (Evidence) Act 2005 (NSW) and its potential impact on court reporting.

The Media and the Australia-United States Free Trade Agreement

Karen Gettens and Johanna O’Rourke consider the impact of the Australian-United States Free Trade Agreement on Australian Copyright laws.

The Development of a Telecommunications Network Colocation Regime in New Zealand

Shane Barber and Bridget Edghill critique New Zealand’s developing approach to telecommunications network colocations.

The Emergence of Wireless Broadband is Australia

Peter Mulligan looks at wireless broadband in Australia and its regulation.

The State of Play in Games Regulation

Simone Brandon identifies some of the problems with Australia’s multi-level approach to regulating games on mobile phones and elsewhere and outlines Hutchison’s position.

Movements at the Stations: Digital Radio Update

The Federal Government is on its way to developing a policy and regulatory framework for digital radio. Carolyn Lidgerwood notes recent progess.

Digital Rights Management in Television

Rob Nicholls focuses in on digital rights management from and Australianb broadcaster’s perspective.

Introducing Your New Regulator

Clare O’Neil gives an overview of the Australian Communications and Media Act 2005 and related legislation, what will change and what will stay the same.

The ACCC Approach to Telstra Broadband Policy – The Industry Asks Why?

Angus Henderson and Michelle Rowland look at the ACCC’s recent decision to settle its action against Telstra on broadcasting pricing and some alternative approaches it might have taken.


2004 - Volume 23

Separating Telstra: Legal Issues Surrounding the pestment of Foxtel and HFC Cable Network

2004 CAMLA Essay Prize winner, Daniel Yap, examines the legal issues that arise from the ACCC’s recommendation that Telstra pests its hybrid fibre coaxial (HFC) network and 50 per cent ownership of Foxtel to encourage competition across the pay tv, telephony and broadband sectors.

Defamation Lay and the Fairness of the Objective Test

Sarah Krasnostein, highly commended in the 2004 CAMLA Essay Prize, discusses whether it is appropriate for defamation law to apply objective tests to determine liability in circumstances where the meaning of the text is subjective.

Invasion of Electronic Communincation Privacy

Yi-Jen Chen, highly commended int eh 2004 CAMLA Essay Prize, considers the impacts of the recent decision of the United States Court of Appeals for the First Circuit in United States of America v Branford C. Coucilman.

US Patriot Act: Implications for Outsourcing to US Companies

David Chan considers the ‘ Uniting and Strenthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001’ and the potential for personal information in the posession of a US outsource provider to be disclosed to the FBI.

Victorian Court Action Over Alleged Unfair Terms in Mobile Phone Contracts

Bridget Edghill reviews the action taken by they Victorian Government in relation to alleged unfair terms in mobile phone contracts

A Cheat’s Guide to the Multichannelling Review

Carloyn Lidgerwood distills some of the perging views emerging from the Federal Government’s reviews of the prohibition on commercial broadcaster multichannelling on their existing digital spectrum.

Digital Rights Management

On 13 October 2004 the Network Insight Institute held a smeinar entitled “Digital Right: Management & Co-Operation” centred on issues concerning the distribution and cataloguing of digital goods and co-operation in their management. Katherine Sainty and Clare Cunliffe consider some of the issues discussed in this seminar. I’ll Have Two Playmates and and Emoticon Please”

Nick Abrahams, Glenda Stubbs and Alan Arnott provide an overview of mobile content regulation in Australia.

Looking Forward: Challenges for Telecommunications Regulation

Holly Raiche looks at the themes and ourcomes of ACA Self-Regulation Summit heldinAugust 2004 in Sydney.

Media Ownership Laws – What Change?

Raani Costello looks at the Howard Government’s pre-election position on changes to media ownership legislation with a view to what might be coming up.

Open Source Software – Understanding the Risks

Nick Abrahams and Alan Arnott explore the legal issues associated with rolling out open source software solution.

CAMLA Essay Prize 2004

Australian Broadband Strategies: Putting Broadband Take-up in Context

Caroline Lovell and Toby Ryston-Pratt consider the take-up of broadband in Australia and Government initiatives.

Regulators, Mount Up! VoIP in the Asian Context

Nick Abrahams and Brett Farrell conside the emergence of Voice over IP and how it may operate within a regulatory framework.

What I Saw at the (Digital) Revolution

Edited address by Dawn Airey, Managing Director, Sky Networks to the Australian Broadcasting Authority’s Conference held in Canberra in June 2004.

Digital TV: The Reviews. Whatever Happend to the PC Report?

This edited address by Stuart Simpson to the Network Insight Seminar in June 2004 discusses the Australian experience with digital television.

Government Agencies and Regulators: Using Personal Information

Danet Khuth and Duncan Giles review the determination of the Office of the Federal Privacy Commissioner in Complaint Determinations No 5 of 2004 and its potential impact in relation to the disclosure of information by government agencies.

CAMLA Essay Prize 2004

Australian Broadband Strategies: Putting Broadband Take-up in Context

Caroline Lovell and Toby Ryston-Pratt consider the take-up of broadband in Australia and Government initiatives.

Regulators, Mount Up! VoIP in the Asian Context

Nick Abrahams and Brett Farrell conside the emergence of Voice over IP and how it may operate within a regulatory framework.

What I Saw at the (Digital) Revolution

Edited address by Dawn Airey, Managing Director, Sky Networks to the Australian Broadcasting Authority’s Conference held in Canberra in June 2004.

Digital TV: The Reviews. Whatever Happend to the PC Report?

This edited address by Stuart Simpson to the Network Insight Seminar in June 2004 discusses the Australian experience with digital television.

Government Agencies and Regulators: Using Personal Information

Danet Khuth and Duncan Giles review the determination of the Office of the Federal Privacy Commissioner in Complaint Determinations No 5 of 2004 and its potential impact in relation to the disclosure of information by government agencies.

2003 - Volume 22

To What Extent Does Racial Vilification Legislation Limit Free Speech Within the Australian Media?

Fidelma Maher, in this CAMLA Essay Prize winning paper, argues for greater sophistication in the media’s ability to report and analyse divergent racial views as a potential counter to the need for racial vilification legislation

GTA3 and the Politics of Interactive Aesthetics

Dr. Mark Finn reviews the decision of the Office of Film and Literature Classification to refuse classification to Grand Theft Auto 3

Postcard From Oulu, Finland

Therese Catanzariti Oppermann reviews developments in 4G telecommunications research in Finland.

The Plot Thickens Formats, Sequals and Spinoffs After Goggomobil

Therese Catanzariti Oppermann reviews Telstra Corporation Ltd v Royal & Sun Alliance Insurance Australia

Limited [2003]

Update: Spam Legislation

Bridget Edghill updates the developments in spam legislation in Australia and the United States of America

The ‘Ordinary Reasonable Person’ in Defamation Law

In the first of two articles, Roy Baker examines the way the law determines what is defamatory and asks what the law, and society generally, means by the ‘ordinary reasonable person’

Smile, You’re on Mobile Phone Camera

Paul McLachlan takes a peek at the potentials for regulation of misuse of mobile phone cameras Review of Online Sales Contracts

Simon Minahan considers issues relevant to risk-managed online sales to an international market, examines how to minimise some of the risks inherent in the multi-jurisdictional international marketplace of the internet

You Can’t Stop the Music

Peter Mulligan examines music piracy and parallel importation issues in the context of the recent Universal Music Australia v ACCC

Privacy Tort, where Art Thou

Gayle Hill compares the recent UK rejection of a tort of privacy with Australian developments in the area.

Casenote: Cullen v White

Kerin Forstmanis looks at a recent damages award fordefamation on the internet.

Local Advertising on Regional Television

In the edited version of her paper presented at the Communications Research Forum 2003, Helen Wilson looks at the state of regional television, and the contrast between local news content on the one hand, and local advertising content on the other.

Casenote: ATECO Automotive Pty Ltd V Business Bytes Pty Ltd.

Nick Abrahams and Liong Lim review a recent decision of the NSW Supreme Court which provides some valuable insights for technology customers.

The Spectre of Change in Spectrum Management

Tom Reid and Niranjam Arasaratnam discuss the Federal Government’s proposal to merge the ACA and the ABA in light of some responses from industry and interest groups.

Spam Bill Almost Law

Corker examines the new proposed model for regulation spam in Australia, and critiques some potential problems.

UN Communication Process and Free Speech

Paul Reidy and Kate Fitzgerald examine the workings of the United Nations Human Rights Committee, particularly in the light of recent petitions against Australia.

Copyright in ‘Thumbnail’ Images

The United States Court of Appeals for the Ninth Circuit recently held that the unauthorised creation and use of ‘thumbnail’ images in an internet search engine was not actionable by the owner of copyright in the images. Anthony Selleck reports on the case.

The Price of Fame : Protection of Personality Rights in Australia

David Bowman examines the current status of personality rights in Australia and argues for reform.

The End of Spam?

Nick Abrahams and Colin Chang consider Australia’s current approach to spam, and the proposals of a recent NOIE report.

Update: Cybercrime Code of Practice for ISPs

Elizabeth Levinson and Natalie Ceola provide an update on the Internet Industry Association’s Cybercrime Code of Practice.

New Australian Right to Protection From ‘Highly Offensive’ Invasions of Privacy

Duncan Giles & Gayle Hill examine the impact of the recent decision in Grosse v Purvis.

Telecommunications Networks – Carriers’ Powers Again Under Review

Shane Barber reviews the results of a recent appeal brought by Hurstville City Council against the Land and Environment Court of NSW’s confirmation of telecommunications carriers’ powers.

Internet Dumping: Recent Developments.

Tom Reid reports on the Federal Government\’s recent Direction to the ACA on the issue of intemet dumping.

Malice, Qualified Privilege and Lunge

In this article Glen Sauer examines the High Court\’s decisioo in Roberts v Bass on the issue of malice, and how it applies to the defamation defence of qualified privilege, as well as the Lunge extended qualified privilege defence.

When the Boot is in the Other Leg

With a corporation’s right to an action for defamation in NSW removed, John Corker and Jessica lvlorath examine the alternative tort of injurious falsehood in the light of the recent High Court decision of Roberts v Bass.

David v Goliath – The Slingshot is Loaded. Decision of the High Court on the Special Leave Application.

Angela Brewer updates the progress of this watershed case regarding telecommunications infrastructure.

If Video Killed the Radio Star… What’s the Internet Doing to the Corpse?

In this article, Nick Abrahams and Rob Brown look at recent Australian developments in regard to the licensing of music transmitted via the internet.

Metro Goldwyn Mayer Studios v Grokster Ltd and Streamcast Networks lne

In this article, Clare Cunliffe examines the United States District Court of Central California decision in Metro Goldwyn Mayer Studios v Grokster Ltd and Streamcast Networks Inc.

Telecommunications Networks – Carrier Powers Confirmed

Shane Barber reviews a recent decision of the Land and Environment Court in New South Wales in Hurstville City Council v Hutchison 3G Australia Ply Ltd which confirms the sometimes controversial powers of telecommunications carriers when rolling out their networks.

Turning off the Television by Jock Given

A review by John Corker.

2002 - Volume 21

The Role of Media Satire in Australia and its Relation to Defamation Law

Paul Satouris, winner of the 2002 CAMLA essay competition, discusses the potential dangers of regulating the use of satire.

Dow Jones v Gutnick – Certainty For Australian Defamation Law but Uncertainty For International Publishers and Content Providers

Catherine Dickson and Aaron Timms examine this recent headline grabbing case.

The Andrew Olle Lecture 2002 Delivered by Mr Lachlan Murdoch Sydney, October 18, 2002

Lachlan Murdoch, in this much discussed lecture, examines a range of issues confronting modern journalism.

Olympic TV Rights

Toby Ryston-Pratt, in this highly commended finalist of the 2002 CAMLA essay competition, reviews the ever-evolving saga that is Olympic broadcasting rights.

Regional Telecommunications Inquiry Report

Graham Phillips reports on the findings of the inquiry into regional telecommunications services chaired by Dick Estens.

Preparing for T3? – Telecommunications Reforms for Implementation in 2003

Angus Henderson and Michelle Rowland review the watershed reforms proposed by the Telecommunications Competition Bill 2002.

Telecommunications – Policy and Politics

David McCulloch comments on policy developments.

“The Panel” Decision of the Federal Court

Jackie O’Brien, Sabiene Heindt and Dana Wintermantel consider broadcast copyright in “The Panel” decision.

Sharing the Burden of Providing Local Content in Regional Television

John Corker comments on a recent ABA proposal for increased programming of local news and information on commercial television in regional Australia.

Playstation Protection- Not on the “Digital Agenda”

John Corker examines the failure of the Copyright Act “Digital Agenda” provisions to protect PlayStation from an anti-counterfeiting device.

Domain Name Update – .au Gets an Overhaul

Chad de Souza and Jesse Gleeson consider recent changes to the administration of .au domain names.

Dispute Resolution For Australian Domain Names

Andrew Byrne and Andrew Wiseman examine the new Australian domain name dispute resolution policy.

ACCCV Rural Press

Janey Draper reviews the recent Full Federal Court decision in ‘Rural Press’ regarding misuse of market power.

Media Ownership Bill Jumps First Hurdle

Raani Costelloe comments on the progress of proposed changes to cross-media and foreign ownership restrictions

Defamation Law Reform on the Agenda Again: Proposed Reforms in New South Wales

Sally Barber examines controversial proposals for changes to defamation laws

The Media Ownership Bill – A Divided Senate

Raani Costelloe provides an update on the cross media ownership debate.

An Overview of New Zealand’s New Telecommunications Regulatory Regime

Seth Eeles examines New Zealand’s new approach to telecommunications regulation.

Telstra Corporation Ltd. V Hurstville City Council Optus Vision Pty Ltd. V Warringah Council – The Decision of the Full Federal Court

Angela Brewer updates the progress of this watershed case regarding telecommunications infrastructure.

Interception Law Under Scrutiny

On the first anniversary of September 11, Ben Kuffer reviews the rise and fall of a key plank in the government’s post September 11 2001 reforms.

Invasive Technology and Privacy Implications

Rebecca Sharman discusses the boundary of recent amendments to privacy laws when applied to new technology.

Regulation of Election and Political Broadcasting

Lesley Hitchins examines the regulation of election and political broadcasting.

Where Possums Fear to Tread Invasion of Privacy and Information Obtained Illegally

Glen Sauer describes the implications of a recent High Court decision on broadcasters.

Espionage and Related Offences Bill

Rebecca Sharman examines the rise and fall of controversial provisions of the Criminal Code Amendment (Espionage and Related Offences) Bill.

Gutnick Goes to the High Court

Glen Sauer analyses the recent Gutnick case dealing with internet defamation.

The New Privacy Obligations and the Media Exemption

Glen Sauer reviews how the new privacy regime deals with the media.

Spam – Is Enough Being Done?

Ben Kuffer and Rebecca Sharman take a hard look at spamming issues.

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