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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.

2023 - Volume 42

Editors: Ashleigh Fehrenbach and Eli Fisher


AI Art and Entertainment: Are We Ready?
Nick Kraegen (Senior Associate), Baker McKenzie and Kelly Choo (Associate), Baker McKenzie

CLB Special Art Edition Interview with The Hon Tony Burke MP
Ashleigh Fehrenbach (Senior Associate), RPC

Fair Use and the Artwork Formerly Known as ‘Orange Prince’
Marlia Saunders (Partner), Thomson Geer and Amelia Causley Todd (Associate), Thomson Geer

A Creative Career: Interview with Arts Law’s CEO Robyn Ayres
Katherine Giles (Head of Legal and Operations), Arts Law Centre of Australia

Australian Government Poised to Introduce a New Sui Generis Legislative Regime to Protect and Enforce Rights in Indigenous Cultural Intellectual Property
Jane Owen (Partner), Bird & Bird

Interview with George McCubbin
Ashleigh Fehrenbach (Senior Associate), RPC

Current Trends in Litigating Value and Transparency in the Visual Art Industry
Dougal Phillips (Lawyer), Banki Haddock Fiora

Event Report: The 2023 CAMLA Cup

Interview with Richard Barnett
Belyndy Rowe (Senior Associate), Bird & Bird and Chair of CAMLA Young Lawyers Committee

Patterns of History: The Papunya Tula Art Movement
Chloe Hillary (Secondee Solicitor), Arts Law Centre of Australia

Editors: Ashleigh Fehrenbach and Eli Fisher


BAM! POW! A victory for Batman (and DC Comics)
Ashleigh Fehrenbach (Senior Associate), RPC

Is That You? Deep Dive Into Deepfakes
Dean Gerakiteys (Partner) Clayton Utz, Lex Burke (FTS Director), Clayton Utz and Natalie Coulton (Lawyer), Clayton Utz (and now at Paul Hastings UK)

Responsibility of OpenAI for Defamation and Serious Invasions of Privacy by ChatGPT
Dr Michael Douglas

CAMLA Young Lawyer Committee Event Report: Journalists’ Privilege Webinar
Kristina Hewetson, Associate at Baker McKenzie and CAMLA Young Lawyer Committee Member

Stage 2 Part A Model Defamation Amendment Provisions: What to Expect in 2023 and Beyond
Adam Cutri (Partner) and David de Mestre (Associate), Bartier Perry Lawyers

Event Report: CAMLA Young Lawyers Networking Event 2023
Daniel Roe, Senior Attorney at The Walt Disney Company and CAMLA Young Lawyer Committee Member

The Value of Behavioural Experts in Misleading Representation Cases: Australian Competition and Consumer Commission v Google LLC (No 2) [2022] FCA 1476
Michael Baker (Solicitor) and James Keeves (Solicitor), King & Wood Mallesons

Implied IP Licences: Don’t Get ‘court’ – High Court Rules in Favour of
John Fairbairn (Partner) Lisa Jarrett (Partner), Belinda Alcock (Senior Associate), Lachlan McNamara (Associate), MinterEllison

Battle of the Bunnies – Trade Mark Action Taken by Lindt
Zeina Milicevic (Partner) and Anjali Nadaradjane (Associate), MinterEllison

Creative Differences – Intellectual Property Law and AI
Aaron Hayward (Senior Associate), Anna Vandervliet (Senior Associate), Byron Turner (Solicitor), Rachel Montagnon (Professional Support Consultant), Giulia Maienza (Associate), Peng Lei (Partner) and Alex Wang (Patent Attorney) – Herbert Smith Freehills

Reflections on the Ben Roberts-Smith Defamation Trial of the Century
Michael Cameron, National Editorial Counsel, News Corp Australia, and Marlia Saunders, Partner, Thomson Geer

A Tribute to Cath Hill
Eli Fisher

Non-uniform Legislation – Choice of Law Issues in Defamation Matters
Marlia Saunders (Partner) & Isabelle Gwinner (Lawyer), Thomson Geer

Fireworks in the Federal Court: Katie Perry Triumphs Over Katy Perry
Dean Gerakiteys (Partner) and Antonia Wayne-Boyle (Lawyer) Clayton Utz

Profile: Richard Leder OAM
Interview with Alana Callus (Lawyer) Gilbert + Tobin

A Clearer View on Privacy, Australian Links and Biometric Data
Hamish Fraser (Partner) and Belyndy Rowe (Senior Associate), Bird & Bird

International Women’s Day – Special Edition of the Communications Law Bulletin

For the third year running, CAMLA is pleased to be publishing a special edition that celebrates International Women’s Day (IWD) by placing a spotlight on the many illustrious and diverse contributions of some of our industry’s leading women. Building on the wonderful stories and advice contained in previous IWD special editions, we’re pleased to again be sharing with you a series of short interviews from leaders from a range of backgrounds and experiences.

Today is a day to celebrate women’s achievements, raise awareness about discrimination and take action to drive gender parity. The theme of this year’s IWD is #EmbraceEquity. At its heart, equity is about actively supporting inclusion and diversity to collectively impact positive change, both in and outside the workplace. As Her Honour Justice Michelle Gordon AC KC so eloquently puts it, “(e)mbracing equity means accommodating people’s differences, so that everyone is equally able to access the benefits of education, decide what matters to them in life, and take up one or more of the many opportunities we are lucky to have in Australia”.

Editors: Ashleigh Fehrenbach and Eli Fisher

Editorial Assistants: Alana Callus and Lewis Graham

Featured in the 2023 Communications Law Bulletin International Women’s Day Special Edition:

The Hon Justice Michelle Gordon AC KC
The Hon Justice Anna Katzmann SC
The Hon Michelle Rowland MP
Katrina Rathie
Sandra Sully
Natasha Eves
Katherine Giles
Alexandra Britt Barkman
Michelle Gunn
Cate Nagy
Angela Flannery
Justine Munsie
Lauren P.elser
Creina Chapman
Tasha Smithies
Julie Cheeseman
Annabelle Herd
Emily Jackson
Olga Ganopolsky
Anna Johnston
Kiah Officer
Larina Alick
Gina McWilliams
Emma Talbot
Georgie Austin
Zoë Hibbard
Sarah Stone
Jacquie Shanahan
Sarah Hoolahan
Keya McGeown
Alex Morrissey
Clare Gill GAICD
Madeleine James
Alison Shilkin
Priti Pasupuleti
Sunita Bose
Miranda Duigan
Sneha Balakrishnan
Parisa Hart

2022 - Volume 41

Editors: Ashleigh Fehrenbach and Eli Fisher

Editorial Assistants: Dominic Keenan and Jessica Norgard

Privacy Act Changes Raise the Bar
Michael Park (Partner), Isabelle Guyot (Managing Associate), Gavin Smith (Partner), Valeska Bloch (Partner), Allens comment on the recent changes to the Privacy Act, including the significant increase in penalties, that have just come into effect.

Serious Harm, Choice of Law and Federal Jurisdiction
Marlia Saunders (Partner) & Isabelle Gwinner (Graduate Lawyer), Thomson Geer discuss the developments in defamation law since the serious harm threshold was introduced, and the impact that this area of law reform is having on the jurisdiction of courts in Australia to hear certain defamation claims.

CAMLA President’s Report for 2022
By Rebecca Dunn, Partner, Gilbert + Tobin

Alexander (Sandy) Tamerlane Sinclair Dawson SC
A tribute by Lyndelle Barnett, Barrister, Level 22 Chambers

Reflections on Working With the Inimitable Sandy Dawson SC
Marina Olsen in conversation with Leanne Norman, Partners, Banki Haddock Fiora

Profile: Angela Heckman Senior Vice President, Streaming Distribution & Business Development at Paramount International
Angela sits down with Eli Fisher, co-editor, to discuss current trends in the global media industry, the future of content delivery and how the Australian market compares to other territories.

Event Report: The Inaugral CAMLA Oration Evening with Her Excellency the Honourable Margaret Beazley AC KC, Governor of New South Wales
By Calli Tsipidis (Legal Counsel, Foxtel Group) & Erin Mifsud (Lawyer, E-Safety Commissioner)

Select Aspects of Forum Shopping in Australian Defamation Litigation
Dr Michael Douglas comments on forum shopping in Australian defamation litigation and, in particular, the interplay between the new concerns notice regime and Federal Court defamation hearings.

Event Report: UK Media Law Developments
By Anna Glen (Lawyer, ABC and CAMLA Young Lawyers representative)

Event Report: CAMLA Young Lawyers Whistleblower Protection 101 seminar
By Justin Kardi (Lawyer, Clayton Utz and CAMLA Young Lawyer representative)

CAMLA Young Lawyers Committee 2022 Chair report
By Calli Tsipidis (Legal Counsel, Foxtel Group)

Profile: Bruce Burke, Media Law Partner at Banki Haddock Fiora and recipient of the 2022 Press Freedom Award
By Eli Fisher (Senior Legal Counsel, Paramount and CLB co-editor)

What the NFT?
Luke Dale (Partner), Daniel Kiley (Partner) and Annabel Bramley (Law Graduate), HWL Ebsworth Lawyers, discuss a range of legal issues surrounding non-fungible tokens.

Event Report: “Media Law: Priorities for the New Government” A lunchtime seminar with The Hon. Michelle Rowland MP
By Belyndy Rowe (Senior Associate, Bird & Bird and CAMLA Young Lawyers representative)

Editors: Ashleigh Fehrenbach and Eli Fisher


Regulating the Technology Giants – Trends in the United States and Implications for Australia
– Dr Martyn Taylor (Partner), Dietrich Marquardt (Senior Associate) and Maxine Richard (Lawyer), Norton Rose Fulbright 1

The Use of Juries in Defamation Proceedings in America and Australia
– Nathan Buck (Special Counsel) and Jeremy Marel (Senior Associate), Kennedys.

Fearless Girl Keeps Standing in Australia
– Zeina Milicevic (Partner) Jaimie Wolbers (Senior Associate) and Humyara Mahbub (Lawyer), MinterEllison

Interview: Mary Huang
– Belyndy Rowe, Senior Associate at Bird & Bird and CAMLA Young Lawyer Secretary, sits down with Mary Huang, Principal Corporate Counsel at Microsoft.
Currently based in Seattle, Mary is a product counsel for Microsoft Azure’s global expansion engineering team.

Johnny Depp v Amber Heard
– Sylvia Alcarraz (Managing Associate) and Kathryn Murray (Solicitor), Dentons

 Songbird or Magpie? What Stone v Carey Says About the Rising Wave of Copyright Claims in the Music Industry
– Laksha Prasad (Lawyer) and Emma Johnsen (Senior Associate), Marque Lawyers

Interview: Julian Keyzer
– Australian lawyer Julian Keyzer is a Senior Vice President, Business & Legal Affairs at Fox Entertainment, now based in New York City, after 10 years of living in Los Angeles. Marlia Saunders, Partner (Media) at Thomson Geer, who worked with Julian at Blake Dawson (now Ashurst) until he moved stateside in 2009, spoke with him on Zoom about his new role and his experiences working in the entertainment industry in the U.S.

A Battle of the Books: Penguin Random House and Simon & Schuster Litigation
– Jennifer Dean (Partner) and Benjamin O’Mara (Associate), Johnson, Winter & Slattery

Profile: Tom Griffin
– CAMLA Young Lawyer Anna Kretowicz recently interviewed Tom Griffin, Associate General Counsel at Meta, to discuss working in-house at the company that arguably defines the zeitgeist of the 21st century.
Anna Kretowicz is a Judge’s Associate and is reading for the Bachelor of Civil Law at Oxford University in 2022-23

The Future of NYT v Sullivan and the Enforceability of Australian Defamation Judgments Against US Publishers
– Dan Lunniss (Lawyer), McCullough Robertson

In a World of Unlimited Imagination… How to Protect Your IP Rights in the Metaverse
– Richard Hoad (Partner), Jones Day and Emina Besirevic (Lawyer), Clayton Utz

Edited by Ashleigh Fehrenbach and Eli Fisher

A New ‘Single Up-to-date’ Online Safety Act Regime
Alex Hutchens, Partner, McCullough Roberston, discusses the Online Safety Act coming into effect earlier this year.

First Consideration of the ‘Serious Harm’ Test in Australian Defamation Action
The Supreme Court of New South Wales became the first Australian court to consider the serious harm test for a defamation action in Newman v Whittington [2002] NSWSC 249 (Newman). Georgie Austin, Zoë Burchill, Blake Pappas and Richard Leder, (Corrs Chambers Westgarth) discuss its implications.

Profile: Timothy Webb, Partner, Clayton Utz
Ashleigh Fehrenbach, co-editor sits down with Tim to discuss his career and insights.

The High Court Considers: Does Google Search Publish Every Website on the Internet? Looking Forward to Google LLC v Defteros
Alex Tharby
Fabienne Sharbanee and Mhairi Stewart, media lawyers at Bennett + Co, consider the Google LLC v Defteros defamation litigation.

Massive Defamation Payout Awarded Over YouTube Videos –
Will Google Appeal?

Marlia Saunders, Partner, Thomson Geer summarises the recent Federal Court decision in Barilaro v Google LLC [2022] FCA 650 (6 June 2022)

A New ‘Marker’ for Cyber Security Practices
Implications of the RI Advice Group Decision
Alec Christie (Partner), Avryl Lattin (Partner), Raeshell Staltare (Special Counsel), Christian Hofman (Associate), Alexia Psaltis (Associate), Clyde & Co, comment on ASIC v RI Advice, the first case to address whether failing to manage cyber risk is a breach of financial services obligations and, possibly, directors’ duties.

All Eyes on the Anti-Trolling Bill, But What About the Online Safety Act?
David Kim, Banki Haddock Fiora, comments on why the eSafety Commissioner’s expanded remit is on a collision course with the world of defamation.

Therapeutic Goods Advertising Code Gets a Makeover
Jaimie Wolbers, Simone Mitchell, Jonathan Kelp (MinterEllison) discuss what the new Therapeutic Goods Advertising Code 2021 will mean for advertisers.

To Be or Not to Be. Who Can Be an Inventor?
Helen Macpherson (Baker McKenzie Sydney), Tanvi Shah (Baker McKenzie, London) and Avi Toltzis (Baker McKenzie, Chicago) discuss the Thaler litigation, and the questions it raises about the recognition of AI as an inventor under patent law.

Out of Sight But Not Out of Jurisdiction –
Application of the Privacy Act 1988 (Cth) to Extra-Territorial Companies
Marlia Saunders & Jessie Nygh, Thomson Geer, discuss the recent findings of the Full Federal Court in Facebook Inc v the Australian Information Commissioner & what it means to ‘carry on business’ in Australia in the digital age.

Digital Platform Services Inquiry – March 2022 Interim Report
By Tara Taylor, McCullough Robertson

How to Treat an Angry Tweet – the Dutton v Bazzi Appeal
Kevin Lynch and Jade Tyrrell, Johnson Winter & Slattery, consider the Full Federal Court’s decision in Peter Dutton’s defamation proceedings

Source Confidentiality Under Siege:
How Law Enforcement Powers Threaten Journalists’ Ethical Obligations
Adam Lukacs, University of Queensland, in his CAMLA Essay Competition winning piece, comments on the legislative framework protecting the confidentiality of journalists’ sources.

FIRST, DO NO HARM: The Serious Harm Threshold in Defamation Cases involving Physician-Review websites
Nadine Mattini, University of Sydney, in her piece that won the second prize in CAMLA’s Essay Competition, writes about defamation cases involving physician-review websites and the harm that a negative review can have on a physician’s reputation in light of the serious harm threshold.

International Women’s Day Edition

After the success of our inaugural IWD special edition last year, we are pleased to again be sharing an edition of the CLB that celebrates the many illustrious and diverse contributions of some of our industry’s leading women. This edition contains a series of short interviews with around 40 leaders from a range of backgrounds and experiences across media, communications, IP, advertising, government, privacy, entertainment and tech.
You will hear brilliant stories from the bench, the bar, government, private practice, in house, and executive roles.

The CAMLA industries in Australia are driven by the intelligence, advocacy, warmth, leadership and persistence of many incredible women – and we are pleased to be able to share a sample of that in this bulletin.

Thank you to everyone who gave their time to be featured, and to the CAMLA Young Lawyers who conducted the interviews. This could not have gone ahead without all of you.

Enjoy the read!


Ashleigh Fehrenbach and Eli Fisher

In this issue:
Angelene Falk
Ashleigh Fehrenbach
Shelley Scott
Beck Barnett
Bridget Fair GAICD
Calli Tsipidis
Charlotte Olsen
Deanne Weir
Georgia-Kate Schubert
Gina Cass-Gottlieb
Jennifer Dean
Gillian Clyde
Valeska Bloch
Ita Buttrose AC OBE
Judge Penelope Wass SC DCJ
Mel Scott
Karen Andersen
Michelle Caredes
Natalie Kalfus
Her Excellency the Honourable Margaret Beazley AC QC
Rachel Launders
Louisa Vickers
Sarah Gilkes
Shoshana Shields
Sophie Jackson
Sylvia Alcarraz
Anna Spies
Jane van Beelen
Anne-Marie Allgrove
Katherine Sessions
Julie Inman – Grant
Alison Kerr
Katherine Sainty
Judge Judith Gibson
Claire Roberts
Miriam Stiel
Catherine Hamilton-Jewell
Penelope Hobart
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