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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 clbeditors@gmail.com

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

2018 - Volume 37

World First Inquiry Into Digital Platforms in the Media Sector
Dr Martyn Taylor (Partner), Louie Liu (Senior Associate), Emily Woolbank (Associate) of Norton Rose Fulbright consider the ACCC’s new inquiry into digital platforms

Insights Into the new Notifiable Data Breaches Scheme: Part 1
In part one of a two-part article, Peter Leonard, Principal, Data Synergies, provides some insights into the new Australian Notifiable Data Breach Scheme.

Profile: Martyn Taylor, Partner at Norton Rose Fulbright and CAMLA President
CAMLA Young Lawyers representative, Calli Tsipidis, recently caught up with Martyn Taylor, to discuss his career, role as Partner of Norton Rose Fulbright in Sydney and his vision as CAMLA President for 2018.

Can Robots Collude?
Paula Gilardoni, Partner, and Andrew Low, Lawyer, at Gilbert + Tobin consider whether robots can collude.

Copyright Act Amendments: Safe Harbour and Disability Access
Luke Dale, Partner, Eli Fisher, Senior Associate, and Jonothan Cottingham-Place, Law Clerk, at HWL Ebsworth consider some recent and proposed changes to the Copyright Act.

Restraints on Media Sector Consolidation The More Prominent Role of the ACCC
Dr Martyn Taylor (Partner), Louie Liu (Senior Associate) & Stephanie Phan (Associate) of Norton Rose Fulbright, consider the ACCC’s new Media Merger Guidelines

Rights Holders Rearmed with Preliminary Discovery Powers by Full Federal Court
Richard Hoad, Partner, and Sarah Martine, Lawyer, at Clayton Utz consider the recent Federal Court decision, which should ensure that the preliminary discovery process remains a real weapon in the armoury of rights holders who suspect that their rights are being infringed.

Anti-money Laundering and Counter Terrorism Financing Requirements Extended to Cryptocurrency Exchanges
Nick Karagiannis, Partner, Luke Dale, Partner, and Daniel Kiley, Senior Associate, at HWL Ebsworth, consider new regulation of cryptocurrencies.

2017 - Volume 36

The Future of Australian Media:
Creating a ‘Level Playing Field’ and Supporting Local Content
By Sophie Dawson, Partner, and Rachel Baker, Lawyer, Ashurst

Interview: Emeritus Professor Ron McCallum AO
Eli Fisher,
co-editor, sits down with Emeritus Professor Ron McCallum AO, former Dean of Sydney Law School and consultant to HWL Ebsworth, to discuss Australia’s implementation of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the Copyright Act (Marrakesh Treaty), by way of the Copyright Amendment (Disability Access and Other Measures) Act 2017 (Amendment Act).

The Exorbitant Injunction in X v Twitter [2017] NSWSC 1300
The Supreme Court of New South Wales has issued a global injunction enjoining overseas defendants
to remove tweets of a corporate leaker By Michael Douglas

Converging Interests: Competition in a Revolutionary Age
An edited extract of the speech ACCC Chairman Rod Sims delivered at a CAMLA event on 31 October 2017.

Profile: Damian McGregor
Katherine Sessions catches up with Damian McGregor, Vice President Legal & Business Affairs NBCUniversal International (Distribution & Networks), to discuss working in-house at a major international media organisation.

Interview: Peter Harris AO
In light of the recently completed inquiries into Australia’s intellectual property arrangements, telecommunications universal service obligation, and data availability and use, the Chairman of Australia’s Productivity Commission, Peter Harris AO, sat down with Communications Law Bulletin co-editor, Eli Fisher, for a discussion about proposed changes to IP, telecommunications and data law.

Competition Law Reforms 2017
Relevance to the Telecoms and Media Sector
Dr Martyn Taylor, Partner, Norton Rose Fulbright and Lillie Storey, Associate, Norton Rose Fulbright identify the relevance of the competition law reforms for the telecommunications and media sector.

The Reality of blockchain in Australia
Lots of Plans but Waiting for Big Hit
Nick Abrahams, Partner, Norton Rose Fulbright tells us where blockchain is up to in Australia.

Copyright in Millions of Unpublished Works, Films and Sound Recordings to be Snuffed Out on 1 January 2019
By Peter Knight, Banki Haddock Fiora, Sydney

Changing the Focus on Originality in Part III Works – Moving from ‘Authoring’ to ‘Undertaking the Creation or Production’ CAMLA Essay Competition Finalist, Felicity Young considers a different approach to originality under the Copyright Act.

Special Defamation and Free Speech Edition: Vol 2

It Pays to be [a] Rebel When it Comes to Challenging Defamatory Publication:
A case note on Wilson v Bauer Media

By Rebecca Lindhout, HWL Ebsworth

The Damages Award in Wilson v Bauer Media
By David Rolph and Michael Douglas
This comment first appeared on The Conversation.

Interview: Michael Cameron
Michael Cameron, National Editorial Counsel at News Corp Australia, and winner of the 2017 Press Freedom Medal, sits down with co-editor, Eli Fisher, to discuss recent developments in free speech in Australia.

Putting Things in Context: Is Contextual Truth a Defence or a Distraction?
By Phillip Beattie, Senior Associate at Banki Haddock Fiora

CAMLA ‘International Electronic Marketing – Enforcement and Consent’ Seminar 18 May 2017
Report by Michael Boland, Regulatory Affairs Executive, Seven Network

Profile: Valeska Bloch, Partner, Allens
CAMLA Young Lawyers representative, Tom Griffin, recently caught up with Valeska Bloch to discuss her role as a partner at Allens and her views on the key issues facing her clients.

Publishing for Eternity: Legal and Practical Consequences of the Multiple Publication Rule in Defamation Law
Larina Mullins, Senior Litigation Counsel at News Corp Australia discusses the development of the multiple publication rule and its impact on the news media.

CAMLA Young Lawyers Practical Defamation Law Seminar
By Anika Valenti, Solicitor, Terri Janke and Company

Spreading the Risk of Harmful Words: Insurance Cover for Defamation
By Andrew Miers, Partner, HWL Ebsworth

Melania Trump, Her Husband and US Defamation Law
Matthew Richardson, Barrister at Level 6 St James Chambers, and Joy Guang Yu Chen
offer some insights into US defamation law as pursued by the Trump family.

Defamation, Online Communication and Serious Harm: An Alternate Approach
Tom Davey examines how the law of defamation is challenged in the online space and proposes a solution.

Tell Them They’re Dreaming – Media Defendants and the Defence of Triviality
Katherine Giles looks at the defence of triviality, and whether much has changed in the 40 years since Morosi v Mirror Newspapers Ltd.

Profile: Larina Mullins, Senior Litigation Counsel at News Corp Australia
CAMLA Young Lawyers representative, Katherine Sessions, caught up with Larina Mullins,
Senior Litigation Counsel at News Corp Australia to discuss working in-house at a major Australian news organisation.

Journalism, The Arts and Data Protection: The Potential Reach of the Privacy Act
Sally McCausland considers the application of data protection laws to media and arts content in Australia and the United Kingdom. She raises the possibility that a person aggrieved by the use of their personal information in media, artistic or literary content may seek relief under the Australian Privacy Act.

Free Speech Developments in the US – A Discussion with the Dean of Yale Law School
Professor Robert C. Post, Dean of Yale Law School, is widely regarded as one of the foremost scholars on the First Amendment and US constitutional law, legal history and equal protection. His writings are frequently cited in judgments, including by the Supreme Court, and the books he has authored, including the recent Citizens Divided: A Constitutional Theory of Campaign Finance Reform (2014), have had tremendous impact on free speech discourse in the United States. Dean Post sits down with co-editor, Eli Fisher, to discuss recent developments in free speech, especially in light of a new administration and newly constituted Supreme Court.

Does the Border Force Act Inhibit Free Speech and Media Communication?
2017 CAMLA Essay Competition Winner, Jade Standaloft considers the restrictions on free expression imposed on the refugee regime in Australia under the Border Force Act 2015 (Cth) and how they may be reduced.

Honest Opinions – Are They Still Defensible?
Richard Potter, barrister at Ground Floor Wentworth Chambers, considers the defence of Honest Opinion.

Free Speech and Protecting Journalists’ Sources: Preliminary Discovery, the Newspaper Rule and the Evidence Act
Patrick George, Partner at Kennedys, considers recent developments in the protection of journalists’ sources.

Music Piracy Siteblocking Injunction Granted
Eli Fisher, Senior Associate at Banki Haddock Fiora and co-editor of the Communications Law Bulletin,
comments on the recent music piracy siteblocking application.

SPECIAL REGULATORY EDITION

Is It Really All About You?
Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4
By Tim Brookes, Sophie Dawson, Clare Doneley and Jessica Norgard (Ashurst)

Telecommunications – A Regulatory Stocktake…
Dr Martyn Taylor (Norton Rose Fulbright) provides an overview of developments in telecommunications regulation in 2016 and what we can expect in the remainder of 2017.

Disclosing Privileged Documents to Regulators
Alex Cuthbertson, Partner, Monisha Sequeira, Senior Associate, and Alex Lee, Lawyer (Allens) report on the Cantor v Audi decision.

An Update on the Activities of the Australian Press Council
Antonia Rosen, a media lawyer at Banki Haddock Fiora, sits down with Professor David Weisbrot,
Chair of the Australian Press Council, to discuss developments in the regulation of Australian media

The Hare or the Tortoise – Is the Law Keeping Up With the Telecommunication Sector’s Blistering Pace of Change?
Thomas Jones and Michael Joffe of Corrs Chambers Westgarth take a look.

Site Blocking Case Handed Down: Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503
Simone Blackadder and Andrew Stewart (Baker McKenzie) report on the recent site blocking decision of the Federal Court of Australia in Roadshow Films v Telstra.

Selling on Social
By Emma Dowsett, Lawyer, and Rebecca Dunn, Special Counsel, Gilbert + Tobin

Profile: Ed Santow, Human Rights Commissioner, Australian Human Rights Commission
CAMLA Young Lawyers Committee Chair, Sophie Ciufo, caught up with Ed Santow, Human Rights Commissioner
at the Australian Human Rights Commission, to discuss his views on key human rights issues such as freedom of speech and communication.

OPINION: Law Reform Should Protect, Not Harm, Creators
In light of the recently released report into Australia’s intellectual property arrangements by the Productivity Commission, Eli Fisher (Banki Haddock Fiora) argues that copyright law reform should protect, not harm, creators.

Challenges in Media Regulation
On 9 November, Richard Bean, Acting Chairman of ACMA spoke to CAMLA members and guests in Sydney about some of the challenges in media regulation.

Report – CAMLA Seminar -“Fair Use, Flexibility, Innovation and Creativity”
By Ashleigh Fehrenbach, Associate, MinterEllison

2016 - Volume 35

An Update on Privacy Tort Reform with Professor Barbara McDonald
Interviewed by Tim Senior, Lawyer, Banki Haddock Fiora.

Cyber Resilience: Managing Cyber Risk for Sustainable Prosperity
David Gerber, Partner and Lachlan Gell, Lawyer, Clayton Utz consider ASIC’s recent focus on cyber risk management and cyber resilience.

Developments in Data Driven Law:
A Discussion With Peter Leonard, Partner, Gilbert + Tobin.
Interviewed by Eli Fisher, co-editor.

Battle of the Drones – Legal Issues for High Flyers
By Sophie Dawson, Partner and Daniela Lai, Lawyer, Ashurst

Blockchain and Smart Contracts: The dawn of the Internet of Finance?
By Matthew McMillan, Partner and Ken Wong, Lawyer, Henry Davis York

The Types of Telecommunications Device Identification and Location Approximation Metadata:
Under Australia’s Warrantless Mandatory Metadata Retention and Disclosure Laws

By Stanley Shanapinda, Ph.D. Candidate, UNSW SEIT (ACCS, UNSW Law, D2D CRC)

The Complex Web: The Global Network, Snowden, Safe Harbours, Shields and the GDPR
By Daniel Cater; BNSc (Dis), Juris Doctor (Hon), Phd student UNSW

Profile: Sally McCausland
Owner of McCausland Law and Senior Fellow in the University of Melbourne law masters
Interview by Leah Jessup, Ashurst and CAMLA Young Lawyer’s Committee

Peek at You: Pokémon GO and Capturing Player Data
By Harry Knight, Solicitor, Banki Haddock Fiora

6 Cyber Security Standards You Need to Know About if You Are a Company Director or Board Member with 6 point security checklist
Sean Field, Special Counsel, Maddocks, provides an overview of the cyber security standards that all Company directors and officers should know about.

Privacy, Data & De-identification
Acting Information Commissioner Timothy Pilgrim’s speech to CeBIT in Sydney earlier this year.

VALE Gae Pincus
CAMLA was very sad to hear of the death of Gae Pincus who passed away on Sunday 7 August 2016.
Ros Gonczi remembers an enormous contributor to the work and early success of CAMLA.

Special Defamation and Free Speech Edition: Vol 2

It Pays to be [a] Rebel When it Comes to Challenging Defamatory Publication:
A case note on Wilson v Bauer Media

By Rebecca Lindhout, HWL Ebsworth

The Damages Award in Wilson v Bauer Media
By David Rolph and Michael Douglas
This comment first appeared on The Conversation.

Interview: Michael Cameron
Michael Cameron, National Editorial Counsel at News Corp Australia, and winner of the 2017 Press Freedom Medal, sits down with co-editor, Eli Fisher, to discuss recent developments in free speech in Australia.

Putting Things in Context: Is Contextual Truth a Defence or a Distraction?
By Phillip Beattie, Senior Associate at Banki Haddock Fiora

CAMLA ‘International Electronic Marketing – Enforcement and Consent’ Seminar 18 May 2017
Report by Michael Boland, Regulatory Affairs Executive, Seven Network

Profile: Valeska Bloch, Partner, Allens
CAMLA Young Lawyers representative, Tom Griffin, recently caught up with Valeska Bloch to discuss her role as a partner at Allens and her views on the key issues facing her clients.

Publishing for Eternity: Legal and Practical Consequences of the Multiple Publication Rule in Defamation Law
Larina Mullins, Senior Litigation Counsel at News Corp Australia discusses the development of the multiple publication rule and its impact on the news media.

CAMLA Young Lawyers Practical Defamation Law Seminar
By Anika Valenti, Solicitor, Terri Janke and Company

Spreading the Risk of Harmful Words: Insurance Cover for Defamation
By Andrew Miers, Partner, HWL Ebsworth

Special Defamation and Free Speech Edition: Vol 2

It Pays to be [a] Rebel When it Comes to Challenging Defamatory Publication:
A case note on Wilson v Bauer Media

By Rebecca Lindhout, HWL Ebsworth

The Damages Award in Wilson v Bauer Media
By David Rolph and Michael Douglas
This comment first appeared on The Conversation.

Interview: Michael Cameron
Michael Cameron, National Editorial Counsel at News Corp Australia, and winner of the 2017 Press Freedom Medal, sits down with co-editor, Eli Fisher, to discuss recent developments in free speech in Australia.

Putting Things in Context: Is Contextual Truth a Defence or a Distraction?
By Phillip Beattie, Senior Associate at Banki Haddock Fiora

CAMLA ‘International Electronic Marketing – Enforcement and Consent’ Seminar 18 May 2017
Report by Michael Boland, Regulatory Affairs Executive, Seven Network

Profile: Valeska Bloch, Partner, Allens
CAMLA Young Lawyers representative, Tom Griffin, recently caught up with Valeska Bloch to discuss her role as a partner at Allens and her views on the key issues facing her clients.

Publishing for Eternity: Legal and Practical Consequences of the Multiple Publication Rule in Defamation Law
Larina Mullins, Senior Litigation Counsel at News Corp Australia discusses the development of the multiple publication rule and its impact on the news media.

CAMLA Young Lawyers Practical Defamation Law Seminar
By Anika Valenti, Solicitor, Terri Janke and Company

Spreading the Risk of Harmful Words: Insurance Cover for Defamation
By Andrew Miers, Partner, HWL Ebsworth

In this issue:

New Commercial Television Industry Code of Practice
Clare O’Neil provides an overview of the new commercial television industry code.

If A Contract Granting an Intellectual Property Licence is Terminated,
Can the Licensee Continue to Use the IP?

Timothy Webb provides some helpful tips for businesses and their lawyers negotiating IP licences including that parties should consider clearly documenting in the agreement what should happen to an IP licence if the agreement is terminated.

Profile: Geoff Hoffman, Partner at Clayton Utz and CAMLA President
CAMLA Young Lawyers representative, Alexandra Gilbert, recently caught up with Geoff Hoffman, to discuss his role as Partner in Charge of Clayton Utz Sydney and his visions for CAMLA.

Security Law Watchdog Recommends Relaxing Secrecy Provisions for Journalists
Adam Zwi considers a report looking at the impact on journalists of section 35P of the ASIO Act.

Publication and Constructive Knowledge: Jurisdictional Divergence in Australia
CAMLA Essay Competition Winner, Joel Parsons considers innocent dissemination,
the different judicial treatment of constructive knowledge and the implications for social media users.

What Changes to Australia’s Media Ownership Laws are Being Proposed?
Associate Professor Timothy Dwyer, University of Sydney provides an overview of the recently proposed changes to Australia’s media laws.

2015 - Volume 34

Copyright in a Meme
Ryan Grant considers what copyright exists in a ‘meme’ and whether its author has any protection under Australian copyright laws.

Internet of Things – Is it Hype or the Next Big Thing? Part II
James Halliday and Rebekah Lam provide the second and final instalment in a two–part series which examines the legal and policy implications of the Internet of Things (IoT).

Profile: Christina Allen, General Counsel of Fox Sports Australia
CAMLA Young Lawyers representative, Eli Fisher, catches up with Christina Allen, to discuss her role as General Counsel of Fox Sports Australia and her views on the key issues facing the industry.

Punting on the Law: In Play Betting
Martin Ross and Mark Lebbon provide an overview of the operation of the Interactive Gambling Act 2001 (Cth) and
consider the scope of the recently announced review into the Act and the implications for online in play betting.

New Mandatory Data Retention Laws: An Overview
Gordon Hughes and Kanin Lwin provide a high level overview of the new data collection and retention laws and consider its implications on the regulation of personal information under the Privacy Act 1988.

Internet of Things – Just Hype or the Next Big Thing?
In a two part series James Halliday and Rebekah Lam take a considered look at the phenomenon of, and regulatory and policy issues that apply to, the Internet of Things. In this part they discuss the implications for the communications and content industries including what IoT means for the net neutrality debate in Australia.

Profile: Lynette Ireland, Chief General Counsel of Foxtel
CAMLA Young Lawyers representative, Maggie Chan, recently caught up with Lynette Ireland, Chief General Counsel of Foxtel, to discuss her role at Australia’s largest subscription television operator, and her views on the key issues facing the industry.

Pulp Non-Fiction
Publishers, pulping and religious insult in India: this paper considers the fraught balance between freedom of speech and sensitivity to religious defamation in India, based on a case study of the legal controversy surrounding the publication of Wendy Doniger’s 2010 book ‘The Hindus: An Alternative History.’

*Information Privacy and Big Data: Balancing Governance and Business Innovation
Melissa Liu investigates the adequacy of the Australian privacy framework in dealing with challenges arising from Big Data.

*Net Neutrality – Overseas Experiences and Australia
Byron Frost tackles the debates surrounding net neutrality in key jurisdictions
overseas and the foreseeable implications it could have for Australians.

* Profile: Page Henty, General Counsel, RACAT Group and CAMLA President
CAMLA Young Lawyers representative, Hugh Brolsma, catches up with Page to discuss her role and anticipated trends and challenges in 2015 and beyond.

* Metadata, Privacy and the Right to Personal Information
Tim Brookes, Sophie Dawson and Jessica Norgard explain the recent landmark
privacy determination – Ben Grubb and Telstra Corporation Limited – and its
impact on how metadata and personal information now can be construed.

*Australian Internet Data Collection – Are We Fighting To Protect Privacy Which Is Already Lost?
This article considers the impact of proposed changes to the Australian telecommunications data collection regime and suggests that the benefits of the increased data collection and access powers for government intelligence agencies do not justify the intrusion into private lives of individuals.

*Why Australia Needs Site-Blocking – CAMLA Essay winner
Sadaat Cheema argues that site-blocking would be an effective and proportionate
measure to deal with online copyright infringement in Australia.

CONTENTS

Media Standards: Some Challenges and Opportunities – Prof Julian Disney AO
On 4 February 2015, the Chair of the Australian Press Council, Prof Julian Disney AO provided this address to the National Press Club.

Case Update: Seven Network Ltd v Commissioner of Taxation
Martin Ross and Mark Lebbon review a recent decision of the Federal Court of Australia which considered whether copyright exists in audio-visual signals of major sporting events.

Enhancing Online Security for Children
Claudia Hall provides an overview of the Enhancing Online Safety for Children Bill and its implications for those services that might be caught in its regulatory net.

Bank Technology Failures: A New Frontier for Regulatory Intervention?
Gavin Smith and Simun Soljo examine the consequences – in the UK and Australia – of a failure by regulated institutions to have adequate systems and controls in place to prevent the occurrence of a serious IT incident.

Profile: Lynette Houssarini, Senior Lawyer Team Leader
Disputes & Training at the ABC

CAMLA Young Lawyers representative, Simone Blackadder, caught up with Lynette Houssarini, a senior lawyer working at the Australian Broadcasting Corporation (ABC), to discuss her extensive role with the national broadcaster and the current challenges faced by the media industry.

2014 - Volume 33

Communications Policy Settings in a Time of Unprecedented Technological Change
In a speech to CAMLA members and guests on 18 September 2014, the Honourable Paul Fletcher Parliamentary Secretary to the Minister for Communications discussed the impact that unprecedented technological change is having on traditional policy assumptions in the communications sector and the policy approaches of the Federal Government to deal with these challenges.

Keeping it in Proportion: Recent Cases on the Implied Freedom of Speech
The implied constitutional freedom of political communication has been continually considered in a range of Australian courts, shifting the consideration of the test established in Lange. Sophie Dawson and Rose Sanderson provide an overview of these developments through an analysis of recent case law.

The New Privacy Act: Six Months On
Nikki Macor Heath gives an update on the activities of the Office of the Australian Information Commissioner (OAIC) and Privacy Commissioner and enforcement of the Privacy Act since the commencement of the reformed legislation.

What’s in a Name? Bloggers, Journalism, and Shield Laws
The High Court of New Zealand recently handed down a decision finding that bloggers can be legally considered as journalists and claim protection for their confidential sources. Hannah Ryan provides a summary of the Court’s decision and compares it with the legislative framework in Australia.

Free Speech and Brown Paper Bags
Kieran Pender surveys the campaign finance regulation landscape in Australia post-Unions NSW v New South Wales and considers the potential impact of forthcoming litigation.

The Taxing Business of Taxing Bitcoin
The Australian Taxation Office recently handed down draft determinations on the tax consequences of the use of Bitcoin in Australia. David Rountree provides an overview of the draft rulings and the implications for domestic businesses operating with Bitcoin.

Contents

The ALRC Inquiry into Copyright and the Digital Economy

The ALRC published its report on the inquiry into ‘Copyright and the Digital Economy’ earlier this year. Professor Jill McKeough provided an overview of the ALRC Inquiry at a recent CAMLA seminar addressing the ALRC’s considerations in this crucial report including the key issues, feedback and decisions made through the Inquiry process. This is the edited transcript.

Open Justice versus Suppression Orders: A Battle of Attrition

Larina Mullins considers the impact of recent legislation and court practices in granting suppression orders on the public interest in ‘open justice’.

US Supreme Court Turns Off TV Streaming Service

The US Supreme Court recently handed down its decision in the Aereo case, making the television streaming service illegal under US copyright law. Jesse Gleeson and Flora Ma provide a summary of the Supreme Court’s decision and compare it with the Optus TV Now decisions in Australia.

Profile: Michael Rowe and Tim Holden

Alex Morrissey recently caught up with two experienced lawyers working in sports broadcasting, Michael Rowe and Tim Holden to chat about how they came to work in the area, some key issues facing the industry and some tips for young lawyers wanting to move into sport or media organisations.

Michael Rowe is a senior sports media rights consultant with 22 years’ experience including four years as the Head of Broadcast for the Women’s Tennis Association Tour.

Tim Holden is the Senior Legal Counsel (Commercial) with Football Federation Australia.

The “It’s Complicated” Relationship Between Social Media and Australian Copyright Law
Amanda Parks considers copyright laws in the context of social media use and the ALRC’s recommended introduction of a flexible fair use exception.

An Overview of Privacy Law in Australia: Part 2
In the second of a two part special, Peter Leonard provides a thoughtful commentary on privacy reforms. In Part 1 published in the previous edition, he provided a high level overview of the amendments to the Privacy Act 1988 and the new Australian Privacy Principles. In this Part 2, he provides an in depth analysis of Australia’s privacy regime, focusing on the APPs, the regulation of privacy beyond the Privacy Act 1988, issues of extraterritoriality and emerging trends and issues.

Exercising Jurisdiction Over Foreign Corporations: The USA PATRIOT Act and the Extent to Which US Government Law Enforcement Agencies can Obtain Information from Abroad
Ken Wong considers the implications of the PATRIOT Act on the ability of US Government law enforcement agencies to obtain information from abroad.

Profile: Fiona Lang – COO of BBC Worldwide Australia
In a new feature for the Communications Law Bulletin, Daniel Doctor, a member of CAMLA’s young lawyers committee, chats to Fiona Lang, the new COO of BBC Worldwide Australia and New Zealand, about her new role and what she sees as the key challenges and trends in the Australian media industry.

The Deregulation Agenda for Australian Media Ownership: Can Competition do the Heavy Lifting?
In light of recent comments from the Communications Minister, Barry Dean, Jennifer Dean and Shyla Sharma consider the potential impact of reform of Australian media ownership regulation.

An Overview of Privacy Law in Australia: Part 1
In the first of a two part special, Peter Leonard provides a thoughtful commentary on privacy reforms. In this Part 1 he provides a high level overview of the amendments to the Privacy Act 1988 and the new Australian Privacy Principles. In Part 2 to be published in the next edition he provides an in depth analysis of Australia’s privacy regime; focusing on the APPs, the regulation of privacy beyond the Privacy Act, issues of extraterritoriality and emerging trends and issues.

Does Australia Need a “Right to be Forgotten”
As issues of internet privacy receive increasing attention around the world, Jarrod Bayliss-McCulloch draws on the experience overseas and explores the tension between the individual’s right to privacy in the online world and the right of third parties to freedom of expression. He considers whether a statutory “right to be forgotten” would be appropriate in the Australian context.

‘Australia’s Privacy Principles and Cloud Computing: Another Way’
Kanin Lwin considers the application of the new APPs to the cloud computing industry.

California Pioneers New Law to Protect Young People from Online Privacy and Advertising Abuses
Dr. Alana Maurushat, David Vaile and Carson Au examine recent reforms to the law in California regarding the privacy of minors and consider whether Australia should enact similar provisions.

2013 - Volume 32

Consumer Protection Enforcement Update: Spotlight on Telecommunications Industry
Recent regulatory changes have seen a range of new measures introduced to assist consumers in their dealings with telecommunications service providers. Bruce Lloyd, Matthew Battersby and Alexia Takis take a look at the growing willingness of the ACCC and the ACMA to take enforcement action to change advertising, disclosure and sales practices in the industry.

Champing at the Bitcoin: Bitcoin, Regulators and the Law
David Rountree gives an overview of the history of Bitcoin and recent attempts by regulators to deal with this perplexing phenomenon.

Protecting Consumer Data is in Everyone’s Interests
Xavier Fijac considers consumer and private sector interests in the use of Big Data.

What Does the Abbott Government Mean for Online Gambling?
Jessica Azzi considers what the recent Federal election may mean for businesses in the online gambling industry.

The Impact of Social Media in the Workplace: An Employer’s Perspective
Veronica Siow examines the key risks for employers who use social media as part of their recruitment and disciplinary processes.

Contents

Social Media: An Update on the “Wild West of Publishing” In Less Than 140 Characters *smiley face*
In a speech to CAMLA members and guests, Matthew Lewis provides an update on recent developments in defamation law in a social media context.

Lost in the Landscape of Australian Privacy Regulation
Peter Leonard shines a light on the regulatory landscape in which privacy professionals and their lawyers have to operate.

The ALRC Proposes Significant Changes to Australian Copyright Law
Michael Lagenheim provides an update on the status of the ALRC’s reform of copyright law in the digital environment.

Privacy and Self-management Strategies in the Era of Domestic Big Data
Xavier Fijac considers the value of a rights-based approach to privacy in the digital age.

Update Your Privacy Settings: Privacy Law Reform 2014
In a speech to CAMLA members and guests, the Australian Privacy Commissioner provides an overview of key privacy reforms and an insight into the regulator’s challenges and approach in a new era of privacy regulation in Australia.

Social Gaming and Online Gambling
Stephanie Essey examines the blurring of the distinction between prohibited online gambling and social gaming, and the recently released report proposing measures to address online gambling services.

Google Not Responsible for Third Party Search Advertisements
Andrew Walsh takes a look at the recent High Court decision and what it may mean for search advertising providers and businesses in the future.

The Evolution of Live Streaming
Matthew Tracey examines the treatment by the courts of three online free-to-air television streaming services in Australia, the United Kingdom and the United States of America.

Contents

Talk Back – High Court Weighs in on ‘Reply to Attack’ Qualified Privilege
Sophie Dawson & Ben Teeger take a look at a recent decision by the High Court of Australia which considered the scope of the common law defence of ‘reply to attack’ qualified privilege in respect of defamatory statements made as a form of self-redress.

Telecommunications Data Retention: A Step in the Right Direction?
Lisa Hill and Jessica Childs take a brief look at Australia’s potential telecommunications data retention laws, which may form part of the Government’s next package of reform of national security legislation.

The Courts v Twitter: The Future of Live Court Reporting in NSW
Chris Paver examines the use of Twitter in courtrooms and the challenges posed by social media to the administration of justice.

Striking a Balance: News Regulation in the Digital Age
Jarrod Bayliss-McCulloch sets out an approach to news regulation that balances a variety of competing interests.
Anonymity and the Law: “The Darknet Rises”
Felix Ralph examines the challenges that the anonymity of the “darknet” poses for the legal system, copyright holders, the community
and human rights.

The Costs of Data Retention
Nikki Macor considers the implications of proposals for wide-sweeping data retention laws on carriers.

2012 - Volume 31

Facebook – Advertiser Liability For User Comments… A Post Too Far?

Linda Luu and Alison Willis consider two recent determinations by the Australian Advertising Standards Bureau concerning the liability for the posting of user comments on an advertiser’s Facebook sites.

Regulation in a Converged Environment

Chris Chapman, Chairman and Chief Executive, Australian Communications and Media Authority, delivered the keynote address at the Charles Todd Oration in Sydney, on 30 August 2012.

Towards an Australian Law of Privacy: The Arguments For and Against

David Rolph examines the arguments for and against a statutory cause of action for serious invasion of privacy.

ALRC Inquiry – Copyright and the Digital Economy

Rebecca Sadleir and Hamish Collings-Begg consider the recently released Australian Law Reform Commission issues paper on the use of copyright in the digital economy.

Interception Regulation up for Review

Shane Barber & Lisa Vanderwal examine current proposals for telecommunications interception reform in light of changing technology and threats.

CourtStems Tide of Futile ‘King Canute’ Order

Sophie Dawson, Ben Teeger & Tanvi Mehta take a look at arecent decision by the Supreme Court of New South Wales (Court of CriminalAppeal) which set aside a ‘King Canute’ order made in relation to criminalproceedings involving Fadi Ibrahim, Michael Ibrahim, and Rodney Atkinson.

Senate Committee Gives a Free Kick to Anti-siphoning Reform

Victoria Wark and Maryann Muggleston provide an update on thestatus of anti-siphoning reforms.

Copyright Issues in a Converging Media Environment

John Fairbairn examines the impact of media convergence oncopyright law and considers some options for reform.

 

Changes to Interactive Gambling Regulation? It is Anyone’s Bet

Niranjan Arasaratnam and a team of lawyers from the Allens TMTpractice group take a look at proposed changes to interactive gambling laws.

 

Tamizv Google – Graffiti on the Wall

Acase note on publication liability in UK defamation law for ISPs hostingdefamatory content, by Henry Fraser.

Contents

Making Converged Regulation Possible

Peter Leonard reflects on industry reaction to the Convergence Review Committee’s Report and provides some observations about what it says (and does not say) about a shift in the locus of communications policy making and what this means for the industry.

The Convergence Review — Did ISPs and Carriers Get Off Lightly?

Thomas Jones and Jennifer Dean consider the potential implications of the Convergence Review Report for ISPs and telecommunications carriers.

Proposed Changes to Australia’s Broadcasting Spectrum Licensing Framework

Joshua Gray examines the recommendations made by the Convergence Review panel in relation to the broadcasting licensing regime.

Content Regulation in Australia — Plus ça Change?

Richard Pascoe takes a look at the recommendations in the Convergence Review final report which affect the regulation of content in a converged media environment.

Competition and Convergence Regulation: Too Much of a Good Thing?

Kon Stellios and Catherine Bembrick consider whether the new regulatory schemes proposed by the Convergence Review in relation to media ownership and control rules and content related competition issues, are necessary and appropriate having regard to the ACCC’s existing powers.

Australian Media Ownership Controls: Where to Now?

Dr Martyn Taylor examines the recommendations made by the Australian Convergence Review Committee in relation to the ownership and control of media entities.

Screen Producers Association of Australia Welcomes Convergence Review Recommendations

Owen Johnston, writing in his capacity as a Production Executive at Screen Producers Association of Australia (SPAA), considers the recommendations made in the Convergence Review Final Report from the perspective of content producers, shedding light on some of the potential impacts for that industry.

How Do YouSolve the Media Puzzle?

Thomas Jones, Sarah Godden and Lisa Lucak take a look at the report of the Independent Media Inquiry and critically review its recommendations including its justifications for reform.

Face Recognition Privacy in Social Networks under German Law

Yana Welinder examines the Hamburg Data Protection Agency’s forthcoming action to show how the German Federal Data Protection Act regulates automatic face recognition in social networks.

Reversal of the ‘Optus TV Now’ Decision: Triumph for the AFL, NRL and Telstra?

Tureia Sample provides an update on the outcome of the appeal to the Full Federal Court in the Optus TV Now proceedings.

Convergence Review – Wide-Ranging Reform on the Horizon

Ian McGill provides a snappy overview of the Convergence Review Committee’s much-anticipated final report and discusses the reforms and the potential implications for media and communications industry participants.

Back Into the Open Sea – US Appellate Court sends Viacom v YouTube Safe Harbour Case back to Trial

Henry Fraser examines the Viacom v Youtube decision and considers its potential implications for carriage service providers In Australia.

FOXTEL Undertakings Allay ACCC’s Competition Concerns Over AUSTAR Acquisition

Ross Zaurrini and Ben Teeger take a look at the recent decision by the ACCC not to oppose FOXTEL’s acquisition of AUSTAR. This article considers the review of the transaction conducted by the ACCC, the court-enforceable undertakings proffered by FOXTEL and the implications for the subscription television services and telecommunications industries.

Not Quite the End of the Road(Show)? The High Court’s Decision In iinet

Wen H. Wu reviews the High Court’s decision in Roadshow Films v iiNet and considers its impact on the doctrine of authorisation and its continuing relevance for internet service providers and other internet intermediaries.

Excerpt From ‘Networking: Commercial Television in Australia’ by Nick Herd

Published by Currency House

Nick Herd has produced a history of commercial television that traces the political and economic development of this important cultural institution from its genesis to the present day. Set out below is an extract from this recently published work. The full work can be purchased from Currency House at http://www.currencyhouse.org.au/node/222.

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