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.
2001 - Volume 20
The Role of Media in a Time of Crisis
Vincent Ho, the winner of CAMLA’s Essay Competition provides a timely examination of the conflict between the media\’s responsibility to ensure the public\’s right to know and their moral obligations to those they could endanger.
Freedom – Lost or Loaned
Mr Kerry Stokes, AO, in his 2001 Andrew Olle Media Lecture provides this personal account of his reaction to the events of September 11 2001 and their impact on the role of the media.
Australian Celebrity Endorsements: the Need for an Australian Right of Publicity
Scott Ralston, in his highly commended entry in this year’s CAMLA Essay Competition, compares the US and Australian approach to this topical issue.
Cultural Parochialism and Free Trade
Tim Magarey, another highly commended entry in this year’s CAMLA Essay Competition, argues that output of cultural industries should not be exempt from the ambit of free trade agreements.
Internet Dumping and Regulation of the Audiotex Industry
John Corker examines the risks associated with using 190 and 0011 services and some possible solutions.
Cross-Media Rules to be Revisited Again or Not
Raani Costello reviews the legislative and policy background of media ownership restrictions.
Legislation Note: Some Final Words on Privacy
Catherine Dickson provides some final words on implementation of privacy law compliance for the private sector.
TV Formats: Still the Weakest Link?
Jerry Dohnal examines the emerging phenomenon of television programming with apparently similar formats. Does a breach of copyright exist?
Fair or Foul Dealing: The Panel and Copyright
Tim Golder and Teresa Ward examine the Federal Court decision dealing with allegations of copyright infringement by Channel Nine against Channel Ten over humorous rebroadcasts by The Panel.
M-Commerce and Wireless Advertising – Legal Challenges for Carriers
Buying a coke with your mobile phone is just the beginning for mobile commerce. Niranjan Arasaratnam and Joanna Davidson discard the hype to assess this new service.
Mobile Number Portlbility – Will You Be Getting Around?
Brenton Yates explores the regulation surrounding, and expected implications of, the recent introduction of mobile number portability.
Dispute Resolution Under Part XIC of the Trade Practices Act – The Problems and the Cure
Michael Bray analyses these controversial provisions and gets to the bottom of current issues being confronted by industry participants, the ACCC and the Federal Government.
Cancelled Datacasting Transmission Licences Auction – Will the Red Faces Recover?
The embarrassing cancellation of the datacasting transmission licence auction in May could cause ongoing damage to government revenue from the communications sector, Robert Gibson explains.
Teen Rebel Napster Faces the Music – Will it Be a Swansong?
Mia Garlick reviews the practical impact for Napster of the Appeal Court’s decision.
Electronic Transactions Update
Catherine Dickson revisits the Federal Government’s Transactions Act, 1999 in Light of its 1 July 2001 “changeover” date and also looks at the response of the states and territories in the two years since the Act’s commencement.
Combating Cybercrime
The Federal Government has introduced new legislation to combat the problems of cybercrime, Niranjan Arasaratnam and Maree Flynn explain.
Cybersquatters and the Domain Name Game
Tracey Harrip, Lorien Beazley and Dominic van der Toorn urge trademark owners to act swiftly to prevent cybersquatters registering protected trademarks as domain names.
The Interactive Gambling Act 2001 – Is It Needed, Will It Work?
Lisa Vanderwal revisits her earlier article on this contentious Act in light of recent Federal Government concessions regarding interactive gambling.
Pandora’s Box Opened: Inquiry Into the Adequacy of Radio Services in Regional and Rural Australia
Carolyn Lidgerwood examines the activities of a bi-partisan parliamentary committee which has provided a lively forum for debate about the state and direction of the radio industry in regional and rural Australia.
ACIF Code Compliance – Measuring Up
Brentou Yates and Liam Buckley examine the ACIF regime for telecommunications industry self regulation.
Broadcasting Regulation in Review
Suzanne Shipard looks at the past few years of Aostralia’s Broadcasting Regime and asks whether new legislation is required to accommodate the rapid convergence of broadcasting technologies.
Interactive Television Emerges
Lisa Vanderwal takes a critical view of the Broadcating Services Act and examines the emerging building blocks of interactive television.
Is Forwarding an Email an Infringement of Copyright?
Richard Pascoc and Mia Garlick take a look at the status of emails in light of the recent Digital Agenda Act.
Personality Rights in Australia
Ann Slater looks at possible avenues for Australians to protect performance rights and rights in personalities.
The Communication Power: The Real Threat to States’ Rights?
Holly Raiche looks at the gradual extension of the Commonwealth’s communication power and questions the basis of some recent legislation
Local Councils Claw Back Power Over Teleos
Shane Barber and Lisa Vanderwal examine the recent trend towards re-empowering local councils and the community over telecommunications rollouts.
Regulatory Outcomes in a Competitibe Market: Mobile Termination Pricing
Angus Henderson provides an overview of the sometimes complex approach taken by the ACCC in determining pricing principles for certain telecommunication services, in this case, the termination of GSM mobile calls.
2000 - Volume 19
POLICING THE INTERNET IN SINGAPORE: FROM SELF-REGULATION TO AUTO-REGULATION
The 2000 CAMLA Essay Prize winner was Terence Lee, a Phd candidate at Adelaide University. Terence provides a thoughtful analysis of Singapore’s auto-regulation of the lntemet and questions whether this is the only viable way to regulate cyberspace.
E-MARKETS… THE NEXT WAVE?
Christina Rich and Shane Barber provide an overview of the tax and legal implications of the current online phenomenon of vertical and horizontal e-markets.
THE NEW DIGITAL COPYRIGHT LAW
Raani Costelloe examines the Copyright Amendment (Digital Agenda) Act :2000 providing both an insightful analysis and depth discussion of this long awaited revision to the Copyright Act.
INTELLECUTAL PROPERTY RIGHTS AND THE INTERNET
Fleur Hinton provides a useful overview of the challenge to apply rights which are usually nationally based to the interact.
“YOU’VE GOTAFRIEND” OFFICIAL INTERNATIONAL CO-PRODUCTIONS
Theresse Catanzariti and Caroline Verge join forces to show that in tho world of film it is better to have friends then to go”Hans” solo.
AMBUSH MARKETING – THE OLYMPIC EXPERIENCE
Now that the Sydney Olympic games are well and truly over Odette Gourley looks at some of the legal issues arising out of the advertising tactics of some of our major eorporates.
CORPORATIONS LAW GOES INTO BAT FOR BRADMAN
Hilary May Black looks at what lengths celebrities can go to iu order to protect their names and images from unauthorised use and whether that protection is enough.
COMPETITION POLICYAND CONVERGENCE – IS THERE A NEED FOR INDUSTRY SPECIFIC REGULATION?
The recent Productivity Commission Inquiry has raised the perennial question in telecommunications: is there is a need for industry specific competition regulation? Telstra’s Mitchell Landrigan argues the no ease.
COMPETITION IN CONVERGING MARKETS
In our second article dealing with telecommunications competition regulation, Dan Lloyd and Peter Waters outline the case for the status quo.
INTERNET TELEVISION AND RADIO SERVICES -THE STREAMING CONTROVERSY
There has been plenty of bluster but little legal analysis of the intemet streaming controversy. Raani Costelloe provides a thoughtful analysis of the legal issues.
THE UPS AND DOWNS OFTHE NAPSTAR REVOLUTION
Mia Garlick provides a thoughtful analysis of the Napster revolution.
WHERE TO NOW? THE ON-LINE GAMBLING MORATORIUM
Lisa Vanderwal and Rebekah Cheney examine this controversial issue in light of the recent Senate debate.
RACIAL HATRED PROVISIONS APPLIED TO THE INTERNET
Michelle Hannah examines a landmark case before the Human Rights and Equal Opportunity Commission and its implications for the on-line industry.
LEGISLATION NOTE: BRADMAN DESERVES MORE THAN CORPORATIONS LAW
NO GUTS, NO VISION: THE POLITICS OF MEDIA DIVERSITY IN AUSTRALIA.
Peter Coroneos analyses some of the implications of the Government’s approach to datacasting, digital TV and streaming onthe Intemet.
ON LINE PAYMENT SYSTEMS.
Catherine Parr and Lewis Grimm explore some of the key issues relating to online payment systems.
INTERNET BEST PRACTICE MODEL.
Lewis Grimm summarises the recently released Best Practice Model for conduct on the Internet.
BRIGHT LINES IN THE SPECTRUM: DATACASTING AS A CASE STUDY IN REGULATING CONVERGENT TECHNOLOGY.
Joanna Davidson examines the new legislative framework for datacasting.
OVERCOMING THE LEGAL BARRIERS TO E-BUSINESS.
The jury is out on the scope and extent of regulation of the lntemet. Catherine Dickson provides a compelling analysis of the issues.
CYBERTRADING – AUSTRALIAN REGULATORY ISSUES.
Niranjan Arasaratnam discusses some of the key regulatory issues relating to cybertrading.
INTERNET CONTENT CODES AND THE NEW REGIME IN AUSTRALIA
The new millennium heralded the introduction of interuet censorship legislation in Australia. Peter Coroneous of the IIA discusses the lnternet Content Codes which will govern ISPs and content hosts.
PROTECTING CONSUMERS ONLINE -AUSTRALIAN INITIATIVES
There is a growing need to protect consumers online. John Dyson of the Department of Treasury reports.
DATACASTING- THE LONG AND WINDING ROAD THAT LEADS…??
Luke Waterson critiques the recent government datacasting decision.
ACCESS THROUGH CABLE: WHO WlLL CONTROL THE CABLE INTERNET GATEWAY?
Washington DC Attorney, Ellen P. Goodman, analyses cable access issues in the US.
BOOK REVIEW: THE INFORMATION POLICY MAZE
Ross Kelso reviews a new publication, ‘The Information Policy Maze – Global Challenges – National Reponses’, by Dianne Northfield.
‘FOR THOSE ABOUT TO ROCK’ CYBERSIMULCASTING LIVE MUSIC ON THE INTERNET
Therese Catanzariti offers a lively analysis of the intellectual property issues in cybersimulcasting.
1999 - Volume 18
THE FORMULATION OF GOVERNMENT POLICY FOR THE INTERNET
At a recent e-business symposium, Dr Rod Badger discussed some of the key drivers for the formulation of Government policy for the lnternet.
THE STRUCTURAL FRAMEWORK: ENCOURAGING CREATIVITY OR STAGNATION?
Singer and lawyer Karen Knowles seeks greater protection for artists’ expression.
PROTECTION FOR INTERNET CONSUMER TRANSACTIONS-A PURPOSE-BUILT INTERNATIONAL CONSUMER PROTECTION CONVENTION
Consumer protection for the Interact is a growing concern for governments across the globe. Daril Gawth argues the case for an international consumer protection convention.
LOVE THY COMPETITOR – INTRODUCING THE FACILITIES ACCESS CODE
Matthew McLennan explains the intracacies of the ACCC’s Facilities Access Code.
ENCRYPTION,THE INTERNETAND BERNSTE1N V. DEP’T OF JUST1CE: THE FIRSTAMENDMENT RESCUES ELECTRONIC COMMERCEAND INTERNET PRIVACY
US export restrictions for encryption software have long denied the Australian IT industry valuable cryptography technology. US attorneys Kurt Wimmer and Dawn Nunziato discuss how freedom of speech and privacy were used to strike down the export restrictions.
INTERNET CENSORSHIP: THE ABA RESPONDS
In a letter to the Editors, Jon Porter of the ABA responds to the article “lnternet Censorship: See No Evil, Speak No Evil, Hear No Evil” published in the last edition of the CLB.
FAIRWHEELINGAND DEALING
Does Channel 7’s multi million dollar payment for exclusive Olympic broadcast rights in Australia guarantee it absolute exclusivity? Geoff Dilworth examines how the fair dealing provisions of the Copyright Act allow some legitimate erosion of exclusive rights by competitors.
INTERNET CENSORSHIP: SEE NO EVIL, SPEAK NO EVIL, HEAR NO EVIL
New CLB Co-Editor Niranjan Arasaratnam analyses the pitfalls of, and myths surrounding, the Government’s Censorship Act.
THE CENSORSHIP ACT: WHAT IT MEANS FOR ISPs
David Doduoski provides an industry perspective on some of the tools available to the Interact industry to comply with the Censorship Act.
PRODUCTIVITY COMMISSION INQUIRY: THE PBLVIEW
PBL gazes into the media crystal ball and finds outdated and anachronistic cross-media and foreign ownership rules.
CONVERGENCE -THE ARGUMENT OF CONVENIENCE?
The Productivity Commission is looking into the future of broadcasting legislation in Australia. Rachael Osman examines the industry push to get rid of the existing cross-media ownership restrictions.
THE UNIVERSAL SERVICE OBLIGATION- RECENT EVENTS AND COMING ATTRACTIONS
Caroline Lovell examines recent developments in relation to the provision of the USO and outIines some future developments already on the horizon.
STOPPING SIGNAL PIRACY
Signal piracy is a growing problem for television operators in Australia. Mark Barnford reports.
INFORMATION WARFARE: CHANGINGTRADITIONAL NOTIONS OF AGGRESSION
Tanya Ross-Gadsden discusses the need for regulators to recognise the impact individuals have in cyberspace, and how individualised “cyberweapons” reshape traditional notions of aggression.
ELECTRONIC TRANSACTIONS BILL TAKES SHAPE
In January 1999 the Federal Attorney General’s Department released for public comment its draft Electronic Transactions Bill and an accompanying Explanatory Paper. Shane Barber reports on the proposed e-commerce legislation.
THE DIGITAL CHANNEL PLAN ADMINISTRATIVE ACTION OF LAW?
Holly Raiche considers the nature and significance of the digital channel plan and the role of the ABA as law maker.
ABORIGINAL ARTWORK, COPYRIGHT LAW AND THE PROTECTION OF RITUAL KNOWLEDGE
Martin Hurdle, counsel in Bulun Bulun v R & T Textiles, looks at the evolving relationship between the Federal Court and Aboriginal leaders in recent copyright cases concerning Aboriginal artworks.
“IF YOU THINK DIGITAL WATCHES ARE A PRETTY NEAT IDEA …”
Therese Catanzariti analyses the Copyright (Digital Agenda) Bill.
IS THE “USER PAYS” PRINCIPLE AT RISK IN AUSTRALIA’S COPYRIGHT ACT?
Simon Lake of Scmenrights spoke at the ‘Copyright Futures Seminar’ about the organisation’s concerns about the CLRC recommendations to expand the ‘fair dealing’ rules.
LIABILITY FOR ELECTRONIC COMMUNICATIONS
Karen Knowles outlines some relevant issues regarding liability for defamatory electronic communications and some practical guidelines for developing an internal e-mail policy.
1998 - Volume 17
JUDGEMENT SUMMARIES: PRAGMATIC REFORM AT THE NEXUS OF LAW AND MEDIA
Finna Ring won the 1998 CAMLA Essay Prize with this paper, which examines judgment summaries as a practice developed by the Courts to improve communication between the law, media and the public.
ACCESSORIES AFTER THE FACT: THE MEDIA AS ACCOMPLICE TO PATRIARCHAL MYTHS OF THE FEMALE OFFENDER
Louise Falconer looks at myths concerning the female offender perpetrated by the media and their impact on women and society.
AUSTRALIAN TELECOMMUNICATIONS POLICY IN THE NEW MILLENNIUM: A GLOBAL PERSPECTIVE
Valerie McKay looks at the way in which key global regulatory and teclmologlcal developments rather than domestic considerations vail play an increasingly stronger role in the shape of future telecommunications regulations and legislation in Australia.
THE POLICE VIDEOTAPE RECORD OF INTERVIEW AS “DOCUMENTARY”: ITS USE AND IMPLICATIONS FROM A FILM THEORY PERSPECTIVE
Jean Burton explains the links between Police Videotape Interviews and prime time entertainment.
CHILD ON-LINE PROTECTION ACT HALTED FOR NOW
John Corker looks at the battle over the Child On Line Protection Act in the United States.
SOUND UNLIMITED: MUSIC AND COPYRIGHT IN CYBERSPACE
Mark Bamford looks at how the music industry is moving its business on-line and the response of various copyright collection societies.
FOOTBALL, MEATPlES, KANGAROOS AND HOLDEN CARS …AND KIWIS FRUIT
Therese Catanzariti and Diane Hamilton review the release of draft Australian Content Standard for Commercial Free to Air Television.
RETRANSMISSION RIGHTS: THE FREE-TO-AIR BROADCASTERS’ VIEW
Bridget Godwin reports on the free-to-air broadcasters’ views on the Broadcasting Services Amendment Bill 1998.
CAMLA ESSAY PRIZE DETAILS
ASTRA’S VIEWS ON RETRANSMISSION
This is an edited excerpt from the recent submission of ASTRA to the Senate Environment, Recreation, Communications and the Arts Legislation Committee by Tom Meekddge, former Chairman of ASTKA and CEO of Foxtel
DATACASTING DEFINED, OR “DATA IS DATA IS BITS IS BITS IS BITS”
Holly Raiche analyses the new digital conversion legislation.
UPDATE ON INTERNET TELEPHONY
Michael Mucller and Claudine Tinellis look at the current slate of Interact telephony in Australia.
LOCAL NUMBER PORTABILITY: “YOU MAY EXPERIENCE A SHORT DELAY…. “
David Stewart considers the technical and regulatory challenges surrounding local number portability and some long-term benefits of intelligent network solutions.
CRYPTOGRAPHY POLICY: OVERDUE FOR REFORM
Greg Taylor of Electronic Frontiers Australia, looks at the regulation and policy surrounding cryptography and highlights the problems with current local export restrictions.
NEW COPYRIGHT LAWS
Karen Gettens reports on the latest amendments to the Copyright laws and also discusses the recognition of moral rights in Australia.
TRUE BLUE V. BLUE SKY – AUSTRALIAN CONTENT STANDARDS IN DOUBT
Jacqueline Brosnan looks at the recent High Court decision involving the Australian Content Standard and Project Blue Sky.
THE BLUE SKIES DECISION AND INTERNATIONAL LAW
Extract from a paper delivered on the recent High Court decision and its consequences by the Chairman of the ABA, Professor David Flint.
THE “NOT SO NEAT” TREATY PROVISION
John Corker from the ABA examines the effect of section 160(d) of the Broadcasting Services Act in the light of the Project Blue Sky decision.
FIRST IMPRESSIONS – LESSONS FROM CHAKRAVARTI
Anne Flahvin considers some recent judicial pronouncements which offer an insight into how judges think ordinary people “read” the media.
E-COMMERCE AND MANKIND’S LAST GREATEST HOPE ON EARTH
Ira Magaziner, President Clinton’s Special Advisor for policy development for the Interact and e-commerce outlines the issues facing e-commerce and the development of the Interact and the principles governments’ should adopt to deal with them.
“WE DELIVER” – E-COMMERCE AND AUSTRALIA POST
Linda Nicholls, the Chairman of Australia Post, describes the practical – and profitable – examples of e-commerce in action with Australia Post.
FED EX, THE NET AND THE VIRTUAL GLOBAL WAREHOUSE
William T. Con!ey, Jr. explains how Federal Express is using e-commerce to build the virtual global warehouse.
THE GOVERNMENT’S PROPOSALS FOR COPYRIGHT REFORM: THE DIGITAL AGENDA
David Rees at tile Commonwealth Attorney-General’s department explains tile latest proposals for reform of the Copyright Act.
“CONVERGENCE”: REFORMS FOR NEW MEDIA TECHNOLOGIES OR JUST ANOTHER PLUG-IN?
Tim Dwyer from the ABA examines the utility of the term “convergence” and the complex factors to be considered when formulating a regulatory response.
DIGITAL TELEVISION
Tony Branigan, the General Manager of the Federation of Commercial Television Stations (FACTS), presents the free to air TV broadcasters’ view of how digital television should be introduced in Australia.
A FAIR GO FOR DIGITAL BROADCASTING
Debra Richards, the Executive Director of the Australian Subscription Television and Radio Association (ASTRAL presents the contending view of the pay TV and other subscription services industries.
DTTV: SERVICES AND FUNDING
Malcolm Long, former Managing Director of SBS provides his view of the digital television debate, the overseas experience and the government broadeasler perspective.
DVB OR NOT DVB?
John Collette, Head of Technology at the Australian Film, Television and Radio School, provides a technical reality check on the digital television debate.
WILL PICS TORCH FREE SPEECH ON THE INTERNET?
Irene Graham examivtes the widely endorsed PICS proposals for Internet content labelling and the underlying censorship implications.
MELTDOWN TO LIBERALISATION: TELECOMMUNICATIONS IN ASIA
Chris Shine and Jacqui Brosnan look at the liberalisation of the telecommunications industry in Asia in the context of the WTO agreement and provide a snapshot of current developments.
OPRAH AND THE TEXAS CATTLEMEN: FOOD DISPARAGEMENT LAW IN THE US AND AUSTRALIA
Anne Flahvin outlines the recent US developments in food disparagement law and considers what, if any, restrictions apply in Australia to the disparagement of food products.
PRESIDENT’S REPORT – CAMLA 1997
Camla President, Victoria Rubensohn gives her report for the year that was.
1997 - Volume 16
WHY THREE INTO TWO WON’T GO – THE DEATH OF THE GALAXY/FOXTEL MERGER
Alistair Little examines the ACCC’s oppposition to the proposed Galaxy/Foxtel merger, and its consequences, in the light of competition law principles and policy.
TIME AND PREJUDICE
Ross Duncan looks at the media reporting of “Dolly” Dunn’s discovery, and arrest in Honduras and considers when the right to a fair trial begins for the purposes of Australian contempt law.
MORAL RIGHTS – BEWARE THE WAIVER MONGERS
Simon Lake of the Australian Writers’ Guild examines the current proposed amendments to the Copyright Act to introduce moral rights in Australia and argues that the inclusion of waiver provisions is theoretically and operationally flawed.
BUILDING A BETTER INTERNET: THINGS TO LOOK FOR IN A “KILLER APPLICATION”
John Collette pinpoints the 3 attributes which contribute to a successful application – media, networking and processing.
SATTIN AND THE SPECTRE OF MEDIA LIABILITY FOR NEGLIGENCE
Anne Flahvin looks at recent claims in negligence against the media and suggests that even if plaintiffs claiming damage to reputation are confined by Australian courts to an action in defamation, an action in negligence may still be allowed in respect of untrue communications which are not defamatory but cause a plaintiff economic loss.
TELECOMMUNICATIONS ACCESS – A VIEW FROM THE ACCC
At a recent ATUG corfference the Director of Telecommunications at the ACCC, Rod Shogren, reflected on some of the major issues under the new telecommunications regime.
MEDIA POLICY AND ANTI-SIPHONING – PART TWO
Joanne Court of FACTS responds to Brendan Moyhin’s argument in Part l of this series (CLB, Vol 16 No 3 1997) that the anti-siphoning provisions oftbe Broadcasting Services Act ‘operate unfairly in favour of free-to-air broadcasters without providing any consequent benefit for consumers’.
CONSTITUTIONAL DEFAMATION DEFENCE DISAPPEARS AS THE OPHANOUS EFFECTIVELY OVERRULED
Richard Potter examines the recent High Court decision in Lange v ABC and its impact upon constitutional and qualified privilege dcfences.
DIANA, PRIVACY AND MEDIA CORPORATIONS
Kathe Boehringer examines the role of media corporations in the context of invasive media practices and proposes new models of corperate governance to raise corporate and individual responsibility.
LIABILITY FOR INLINE IMAGES- HOW AN ANCIENT RIGHT PROTECTS THE LATEST IN NET FUNCTIONS
Kate Cooney examines copyright liability for inlining images and how copyright protection and liability have been extended in cyberspace.
DIGITAL TERRESTRIAL TELEVISION – IMPLICATIONS FOR AUSTRALIAN TELEVISION
Jock Given looks at some practical and policy considerations behind the introduction of digital terrestrial television in Australia and explains why bandwidth is the villain of the piece.
TELSTRA V APRA – IMPLICATIONS FOR THE INTERNET
Simon Gilchrist examines the recent High Court decision and the implications for Intcrnct service providers in terms of their liability for infringement of copyright on-line.
TV OR NOT TV? WHAT THE INTERNET IS NOT
John Colette explores the commercial viability of the move to “video-on-the-Net” and the misconceptions behind it.
CANWEST’S CONTROL OF TEN
John Corker reports on the Federal Court’s first decision under the Broadcasting Services Act 1992 that deals with the concept of control of a broadcasting licence.
MEDIA POLICY AND ANTI-SIPHONING
Brendan Moylan analyses the current legislative and policy regime concerning anti-siphoning and explains why it is unfair on pay TV operators and in need of substantive reform.
THE SUPREME COURT’S RULING ON THE COMMUNICATIONS DECENCY ACT:
A VICTORY FOR FREE SPEECH
John Corker and Pauline Saia examine Reno v ACLU.
SELF-REGULATION V CENSORSHIP – ISPs AND INTERNET CONTENT LEGISLATION IN AUSTRALIA
Andrew Lambert looks at the different approaches taken at a State and Federal level with regard to the censorship of on-line content and some of the implications for IPSs.
VICTORIAN INTERNET CENSORSHIP LEGISLATION – IS IT CONSTITUTIONALLY VALID?
Tracy Francis examines Victorian on-line censorship legislation and questions its constitutionality in light of the High Court decision in Lange v the ABC.
DEVELOPING MEDIA INDUSTRIES OF THE FUTURE? TELECOMMUNICATIONS AND THE NEW MEDIA
John Colerte examines the way in which telecora, film and software companies are attempting to use old media concepts to exploit a new medium – and failing.
ELECTRONIC COMMERCE TODAY AND TOMORROW
An extract from the address by JoAnn Patrick Ez2ell, President, AT & T Online Services, 4 July 1997 to Tradegatc and ECA members. It examines the likely future development of electronic comraerce and elements that drive and shape its evolution.
RECENT CASES ON ADVERTISEMENT OF “FREE” ITEMS BY TELECOMS OPERATORS
Dr Warren Pengilley looks at comparative advertising and the advertising of “free items” and what we can learn from recent cases on advertising by telecoms companies.
SEX LIES AND OTHER SECRETS – THE MEDIA AND CONFIDENTIAL INFORMATION
Jason Macarthur outlines the principles of confidential information and some practical implications for the media in Australia.
INTERNATIONAL ELECTRONIC MONEY SYSTEMS AND MONEY LAUNDERING
Brent Fisse and Peter Leonard look at Net Smurfing and other emerging regulatory challenges from electronic payment technologies.
COPYRIGHT, HYPERLINKS & NETWORKED INFORMATION RESOURCES – CHANGING THE CONTOURS OF INTELLECTUAL PROPERTY LAW
Tamir Maltz won the 1996 CAMLA Essay Prize with this analysis of the copyright issues arising from the use of hypeflinks on the World Wide Web.
TELECOMMUNICATIONS POST JULY 1997 – ATUG’S VIEWS ON THE NEW LEGISLATIVE REGIME
Jane Forster outlines the views of the Australian Telecommunications Users Group (ATUG) on the new telecommunications regulatory framework.
PRIVACY: ARE THE MEDIA A SPECIAL CASE?
Jennifer Mullaly argues that finding the balance between the media’s dissemination of information to the public and individual privacy requires the media to assume a dominant role in education and standards for its members.
AUSTRALIA’S TREATY OBLIGATIONS AND THE BROADCASTING SERIVICES ACT 1992
Cathy Bishop discusses the impact on the ABA’s functions of Australia’s international obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child.
THE NEW FAIR TRADING CONDITION IN BRITISH TELECOMS’ LICENCE
Christina Hardy provides an update on telecommunications regulatory developments in the United Kingdom.
PROJECT BLUE SKY: ABA WINS CONTENT APPEAL
Lesley Osborne and Cathy Bishop outline developments in the Project Blue Sky litigation.
COPYRIGHT REVIEW: A NOTE ON THE FORMATION OF AN INTERDEPARTMENTAL COMMITTEE TO DEAL WITH THE ISSUES OF COLLECTING SOCIETIES
1997 CAMLA ESSAY PRIZE
APPLICATIONS FOR CLB EDITOR
1996 - Volume 15
SUPER LEAGUE: FULL FEDERAL COURT PREFERS COMPETITION ON AND OFF THE FIELD
Murray Deakin reviews the key findings of the trial judge and the Full Federal Court in the Super League case and examines some of the case’s implications.
A NEW STANDARD TELEPHONE SERVICE?
Holly Raiche analyses the expanded definition of ‘Standard Telephone Service’ in the Telecommunications Bill 1996 and explains why it has implications which require closer examination.
THE POTENTIAL OF THE INTERNET FOR LAW AND LEGAL SERVICES
Simon Rice and Santha Davey outline how network technologies ranging from the Law Foundation’s proprietory network to the Interact benefit both the legal profession and the public.
VOD: BROADCASTING OR TELECOMS?
Grantly Brown outlines developments in the provision of Video on Demand (VOD) in Hong Kong, including an analysis of the recent decision on the regulatory status of VOD in Hong Kong.
INTERCONNECTION FROM THE NEW ENTRANT’S PERSPECTIVE
Mei Poh Lee gives an account of New T&T’s regulatory and commercial interconnection battles, as a new carrier in Hong Kong’s telecommunications market, and provides comment on strategic issues and the role of the regulator.
SECOND COMMERCIAL TELEVISION SERVICES IN SMALL MARKETS
Gillian Saville and Alison Jones discuss the ‘one station to a market’ restriction imposed by the Broadcasting Services Act in the context of a recent decision by the Administrative Appeals Tribunal.
APPLICATION FOR REVIEW OF A DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION REVOKING AUTHORISATION No. 3005
Annabel Archer provides a Case Note on the Australian Competition Tribunal’s decision to revoke authorisation for the Media Council of Australia’s Accreditation System.
AUSTRALIA’S IDENTITY CRISIS: THE COST OF CLOSER INTERNATIONAL RELATIONS
Angus Henderson & Michelle Kelly explain why the Federal Court held that New Zealand programmes can constitute ‘Australian Content’ and outline the ramifications of the decision.
THE ABA ON-LINE SERVICES INVESTIGATION
Kaaren Koomen summarises the findings and recommendations of the Australian Broadcasting Authority’s report on regulating on-line services.
SATELLITES – THE INFORMATION SUPERSKYWAY?
Chris Deacon argues that the role for satellites in the global information infrastructure should not be underestimated.
PRESERVING AND RE-SHAPING THE ABC
Brian Johns emphasizes the ongoing importance of the ABC and gives his thoughts on the ABC’s response to the budgetary constraints.
CONVERGENCE TOWARDS THE MILLENIUM: MEETING THE CHALLENGES TO GLOBAL ELECTRONIC COMMERCE
Diana Sharpe outlines some of the major issues challenging the development of legal and commercial rules for global electronic commerce and profiles some of the initiatives aimed at meeting the challenge.
INNOCENT DISSEMINATORS ON-LINE
John Corker argues that the 1995 NSW Law Reform Commission Report on Defamation fails to adequately address on-line issues.
DEVELOPING AUSTRALIA’S TELECOMMUNICATIONS INFRASTRUCTURE
Sue Ferguson discusses the impact of the Telecommunications National Code on the evolving structure of Australia’s telecommualcatious industry.
IMPLEMENTING NUMBER PORTABILITY IN NEW ZEALAND’S DE-REGULATED TELECOMMUNICATIONS MARKET
Anne Hurley looks at why the introduction of number portability in New Zealand is a slow process.
CAMLA ESSAY PRIZE
DIGITAL RADIO ADVISORY COMMITTEE DISCUSSION PAPER
WHITHER THE BENEFITS OF PRIVATISING TELSTRA: THE CEPU VIEW
Ros Eason discusses the tension between the competing objectives of the privatisation of Telstra and the policy to be adopted when the duopoly ends and argues against the privatisation.
CABLE RETRANSMISSION BY FOXTEL OF FREE-TO-AIR BROADCASTS: A REJOINER AND SOMME POLICY REFLECTIONS
Ian McGill responds to the Mallam/Palm article (CLB Vol 15 No 1) and argues the case on the re-transmission of free-to-air broadcast signals from the perspective of the pay TV operator.
MOBILE PHONE ADVERTISING AND THE TRADE PRACTICES ACT
Christina Hardy highlights some of the issues for the telecommunications industry which arise from the Federal Corot’s decision on misleading and deceptive conduct in the advertising of a mobile telephone plan.
COMPETITION, CONTENT AND CULTURAL IDENTITY: WHY FREE-TO-AIR TV WILL THRIVE IN THE FUTURE
Keny Stokes, Chairman of the Seven Network, discussed the future broadcast television in the face of competition from pay television and converging technologies at a recent Cable and Satellite Television Conference.
THE LEGAL FRONTIER OF THE lNTERNET I
Robert Cumbew predicts that the United States reponse to the legal and regulatory challenges posed by the Internet will be the adaptinn and application of traditional legal principles.
THE LEGAL FRONTIER II
David Stewart critiques the US decision on copyright over computer networks and sees a tough road ahead for plaintiff’s claiming infringement over the Net.
THE BRAVE NEW WORLD OF TELECOMS
Andrew Lambert advarges some ideas on the future global structure of the telecommunications industry.
TWO, FOUR, SIX, EIGHT – RETRANSMIT DONT WAIT
Paul Mallam and Kristine Palm discuss the recent Federal Court decision concerning the retransmission of free-to-air broadcast signals by a cable Pay-TV network.
COMPETITION AND PAY-TV
Andrew Windybank won the 1995 CAMLA Essay Prize with thisarticle which examines and analyses compotition issues in Pay-TV.
PROPOSALS TO REFORM DEFAMATION LAW IN NSW
Kendall Odgers discussessome of the proposals in the New South Wales Reform Commission’s Report on Defamation which, if adopted, would be a significant departure from existing law.
DEFAMATION – MEETING OF MINDS
Patrick George outlines the innovative procedure of ‘Early Neutral Evaluation’ in defamation cases.
THE LAW OF HATE SPEECH
The difficult balance between protecting freedom of speech and regulating ‘hate speech’ is the subject of this talk by Milton Urofsky.
STOP PRESS
1995 - Volume 14
MUSIC ON HOLD: FULL FEDERAL COURT FINDS FOR APRA
Simon Gilchrist examines the decision and implications of the appeal decision in APRA Ltd v Telstra Corporation Ltd.
LOCAL PRODUCTION OPPORTUNITIES IN PAY TV
Jack Ford argues that the development of Australian drama for pay “IV may be stifled.
TOWARDS COMPETITION AND OPEN ACCESS ON CABLE NETWORKS
Annabel Butler summarises the Telecommunications (Service Providers Class Licence) Direction No. I of 1995.
LEGAL ISSUES IN MULTIMEDIA:
MAKING MULTIMEDIA DEALS IN THE INTERACTIVE AGE
Martin Cooper reports on a conference looking at the issues.
RENTAL AND PUBLIC LENDING RIGHTS
Bridget McKenna & Michael Fraser examine the application and scope of rental and public lending rights in multimedia.
TELECOMMUNICATIONS AND THE DISABILITY
DISCRIMINATION ACT
Rachel Francois examines the recent Human Rights and Equal Opportunity Commision decision.
AFTER THE FIRST HUNDRED YEARS
Anaddress to CAMLA by the Chief Censor, Mr John Dickie.
PAY TV REGULATORY CHALLENGES – A SPORTS PERSPECTIVE
Dene Moore discusses anti-siphoning.
COMMUNICATIONS NEWS
A looseleaf supplement to the Communications Law Bulletin (Vol 14 No. 4) – edited by Inn McGifi.
THE VISUAL ARTIST IN THE GLOBAL INFORMATION ECONOMY
Peter Drahos examines some recent developments on the Australian and international level.
INSULTS ON THE INTERNET
Recent UK defamation cases may change the nature of internet discourse permanently – a report from Denton Hall, Solicitors.
APPLICATIONS FOR EDITOR CROSS-BORDER TELEVISION BROADCASTS
Ian McGill and tan Carroll discuss issues relating to the regualtion of satellite broadcasts. David Williams outlines amendments to the Corporations Law in relation to prescribed interest schemes and prospectuses and how they’ll affect division 10BA qualifying films.
FINANCIAL REPORTING OBLIGATIONS AND PRESCRIBED INTEREST SCHEME
The September 1994 changes to financial reporting obligations in relation to prescribed interest schemes.
THE LIFE AND TIMES OF A PROSPECTUS
The September 1994 changes relating to prospectuses – life, content and method of correction.
CAMLA ESSAY PRIZE
TRANSPARENCY, PRESCIENCE AND SPEED – BROADCASTING IN THE NEW SOUTH AFRICA
Victoria Rubensohn reports on the challenge of broadcasting regulation in South Africa
COOL OR GROSS CHILDRENS TV
Catherine West reviews recent developments in childrens television
WHAT PRICE ACCESS
Don Robertson and Brnce Meagher discuss the Privy Council’s decision on the use of market power.
IMPROPER “USE” OF DATA
Sheila McGregor and Lesley Sutton discuss the implications of an English Court of Appeal decision for laws covering computer-held data and electronic data communications.
NATIONAL RADIO SERVICES FOR, AND BY, INDIGENOUS PEOPLE
A new chapter in Australian broadcasting begins with the launch of the national Indigenous Radio Service.
THE POLITICS OF CULTURE
Martin Cooper critiques the Federal Government’s “Creative Nation” policy statement
THE REAL ISSUES IN “WHO WEEKLY”
Kaaren Koomen reports on the issue of identification and identifying the real issue
MULTIMEDIA – WHAT’S ALL THE RACKET:
MULTIMEDIA: THE DOOM OF TELEVISION
lan McFadyen muses on the shift from passive medium to active art form
CONVERGING CULTURES
Jock Given expounds – what’s going to happen as royalty-based industries converge with fee-based industries and everyone wants to acquire and publish everything?
MULTIMEDIA AND THE SUPERHIGHWAY
Bridget Godwin provides some thoughts on “multimedia”, copyright and the licensing of works
LICENSING ISSUES FOR CONVERGING TECHNOLOGIES
Michael Perkins looks at a lexicon and suggests a system for indexing of works
COMMUNICATIONS AND MEDIA LAW ASSOCIATION (CAMLA) ESSAY PRIZE
The Communications and Media Law Association announces an essay competition in 1995
THE PRESENT STATUS OF TELECOMMUNICATIONS EVOLUTION IN EUROPE
Alain Valle of the Directorate General of Posts and Telecommunications, France, expounds
CAMLA COMES TO BRISBANE
PERFORMERS’ RIGHTS: SOME RECENT DEVELOPMENTS
Libby Baulch outlines the 1994 Copyright Bill and the MIAC report on performer’s copyright 3.5
FEATURE:
UNJUST ENRICHMENT AND UNFAIR COMPETITION – IS APPROPRIATION PER SE WRONGFUL
Professor Harvey S.Periman discusses the US tort of misappropriation and why it has received such little support
CONTINUOUS DISCLOSURE – AN ADDITIONAL LEGAL OBLIGATION
David Williams describes enhanced disclosure obligations and their impact on film investments
TELECOMMUNICATIONS AFFER 1997 – CARRIAGE, CONVERGENCE, CONSUMERS
Helen Mills, Director, Communications Law Centre reports on the CLC’s conference held on 9 November 1994
THE CASE FOR COMPETITION IN SATEIALITE DELIVERED TELECOMMUNICATIONS SERVICES
Gregg Daffner, of PanAmSat. argues
COMMUNICATIONS NEWS
A Looseleaf Supplement to the Communications Law Bulletin (VolA4 No.2) – edited by Ian McGill
THE FLAWED PHILOSOPHY OF ANTI-SIPHONING
Rory Sutton discusses Pay TV, sport and siphoning
ELECTRONIC NEWSPAPERS – WHO OWNS THE COPYRIGHT?
Anne Davies examines the Copyright Law Review Committee’s recommendations on ownership of employed journalists’ copyright
THE SEVEN FIGURE OUCH
Paul Reidy and Nicholas Pullen review the second Carson defamation trial and the issues for the media – including the use of personal injury verdicts
NARROW CASTING FOR RADIO
Elizabeth Burrows tours the Australian Broadcasting Authority’s discussion paper
DISTINCTLY NEW ZEALAND
Dr Ruth Hariey, NZ On Air, discusses New Zealand’s broadcasting regime
STRANGE BEDFELLOWS – POLICE AND THE MEDIA
David Salter queries the relationship between police and the media
GEARING UP FOR THE AUTOBAHN
The Executive Summary of the Copyright Convergences Group’s Report to the Federal Government
SBS: SHUFFLING THE BROAD AND THE NARROW
Malcolm Long, Managing Director SBS Corporation, charts the new course
THE NEW RIGHTS OF COPYRIGHT
Sue Gilchrist outlines the Proposed Moral Rights Legislation for Copyright Creators discussion paper
AND THE WINNER IS…
Catherine McGill discusses the protection of Olympic symbols, Sydney 2000 logos and names
IN THE PRURIENT INTEREST
Max Bonnell reports on the Burswood Casino’s unsuccessful attempt to injunct “Real Life”
RECENT ACT DECISIONS
Noel Greenslade provides a round-up
EVIDENCE FROM TAPPING BEYOND THE PALE OK
Grantly Brown examines the latest House of Lords case on telephone tapping and suggests the UK falls short in its international obligations
1994 - Volume 13
FUND RAISING FOR FILMS – DOES “LIGHTNING JACK” REPRESENT A ONE OFF OR A WAY FORWARD INTO THE FUTURE?
David Williams discusses an innovative form of funding for films
NEW ZEALAND JUDGE FINDS NEWS MONITORING BUSINESS TO BE “PARASITIC”
Paul Sumpter reports on a recent decision involving TVNZ and Newsmonitor Services Limited
INDIGENOUS MEDIA IS A PRIORITY, AND NOT JUST A LUXURY
In this, the second of a two part article based on her 1993 Boyer Lecture, Dot West outlines the mechanisms for establishing a national Indigenous Media service
THE INNOCENT DISSEMINATION DEFENCE IN DEFAMATION
Paul Svilans reviews a recent decision on the defence of innocent dissemination in defamation proceedings and its implications for broadcasters
TELECOM’S TRIAL OF CALLING LINE IDENTIFICATION SERVICES
John Mackay reports on the introduction of calling number display and other telecommunications services
COPYRIGHT CONVERGENCE GROUP
Bridget Godwin describes the Group’s functions and Terms of Reference
ASIA PACIFIC SATELLITE FALLOUT
Liz Fell reports
FEATURE – AUSTRALIAN AND AMERICAN LIBEL LAW REFORM
Prof David Flint, Chairman, Australian Press Council
CAST AND CREW CONTRACTS – ASC PROVIDES PROSPECTUS RELIEF
Katherine Sainty outlines a Class Order issued by the Australian Securities Commission
“MUSIC ON HOLD” COPYRIGHT TEST CASE – FUTURE CHALLENGES
Anne Peters looks at a recent important test case which considered the copyright implications of playing music to telephone callers placed on hold
RECENT ACT DEFAMATION CASES
Noel Greenslade provides a round-up
INTERCONNECTION AND THE DOMINANT MARKET POSITION IN NEW ZEALAND
John Mackay and Jane Trethewey report on the recent decision in Clear Communications Limited -v- Telecom Corporation of New Zealand and Ors.
GATT DEAL – WHAT IT MEANS
Jock Given outlines the practical consequences o[ the concluded Uruguay Round
A “REAL LIFE” TRESPASS AT THE SANTA FE GOLD
Max Bonnell examines a recent Victorian decision on an attempt to prevent a broadcast of material obtained by concealed cameras
TO PRESELECT A CARRIER
Trish Benson discusses the recent preselection of long distance telecommunications carriers
VISCOPY ALMOST THERE
David Throsby proclaims the near arrival of a new collecting society
INSERT: COMMUNICATIONS NEWS
A Looseleaf Supplement to the Communications Law Bulletin (Vol 13 No 4)
INDIGENOUS MEDIA IS A PRIORITY, AND NOT JUST A LUXURY
Dot West argues for clear government policy, matched by funding to strengthen Indigenous media in Australia. In this, the first of a two part article based on her 1993 Boyer Lecture, West sets indigenous media in context.
THE FORMIDABLE PROCESS OF REFORM
Duncan Kerr, the Federal Minister for Justice, outlines the Government’s proposed reforms to the Copyright Act
SUN BROUGHT TO EARTH ON SECTION 52
TRADE PRACTICES ACT CLAIM
Ross Duncan reports on a recent Federal Court decision which confirms that the editorial content of publications is protected from actions for misleading and deceptive conduct
“BOOTLEGS” REVISITED
Jim Dwyer and Andrew Wiseman report on the recent litigation brought by Sony Music against Apple House Music
PERFORMERS PROTECTION – THE GAP EXPOSED
Stephen Peach expounds upon the problems of and possible solutions to “unauthorised” sound recordings
REPORT – PROTECTING YOUR PROPERTY RIGHT IN NEW COMMUNICATIONS – SIGNALS, PROGRAMS AND TECHNOLOGY
A summary of the proceedings of the seminar held on 22 September 1993 sponsored by Communications & Media Law Association, Media and Communications Committee, Law Council of AustraIia, LAWASIA
EDMOND IN WONDERLAND
Georgina Waite reports on the recent decision concerning “comments” made by Edmond Capon on a portrait by Vladas Meskenas
RECENT ACT DEFAMATION CASES
Noel Greenslade provides a roundup
TRADING IN RADCOM LICENCES: SOME FUTURE SHOCKS
Paul Mallam examines the creation of a new spectrum licence and the tradeable nature of rights of access to the spectrum
REPORT – A REPORT ON SEMINARS CONDUCrED BY THE CENTRE FOR MEDIA AND TELECOMMUNICATIONS LAW AND POLICY AT THE UNIVERSITY OF MELBOURNE
Australian content: new rules and policies? The right to investigate and report
THE PROS AND CONS OF VARIOUS DISTRIBUTION METHODS FOR NARROWCAST AND PAY TV
Barney Blundell argues AAP’s view that a regionalised system is the best method of distribution of emerging “IV services
COMMITTEE MEMBERS OF CAMLA 1993
FREEDOM OF EXPRESSION OR THE RIGHT TO LIE?
William Akel reports on some aspects of the freedom of speech debate
CABLE, CONVERGENCE AND MULTI-MEDIA: FURTHE CHALLENGES
Gina Case-Gottlieb explores some challenges for copyright law caused by technological developments
BEWARE THE WALLS HAVE EYES
David Salter examines the ethics of concealed TV cameras and sound recorders
THE CORRECT APPROACH TO DEFAMATION DAMAGES
Paul Reidy reports on the latest developments in the Carson case
PACIFIC RIM REPORT: BROADCASTING IN ASIA
Peter Westerway argues that broadcasters have responsibilities to their Asian audiences
RECENT CASES
A roundup of recent case law
THE SOUTH AUSTRALIAN WHISTLEBLOWERS PROTECTION ACT
Matthew Goode reviews the background to this new legislation
HEAR TODAY, GONE TOMORROW – LISTENING DEVICES REVISITED
Julie Eisenberg reviews the law regarding listening devices
WORLD REVIEW
A survey of some recent international developments
THE COLLECTION OF COPYRIGHT ROYALITIES
Charles Alexander and Murray Deakin report on the most recent battle over journalists’ copyright
PIRATE PAY TV — A VIABLE ALTERNATIVE?
Page Henry considers the possibility of pirate pay TV
THE NEW LICENSING REGIME
Jack Ford argues that the new licensing scheme is a disaster in the making
ETHICAL DILEMMAS AND LEGAL CONSEQUENCES
Ross Duncan considers the confidentiality of journalists’ sources
PACIFIC RIM REPORT: HOW THE 90s WILL CHANGE BROADCASTING
Bruce Gyngell explains that the introduction of pay TV allows a chance to shape our cultural future
RECENT CASES
A roundup of some recent case law
PERFORMERS’ RIGHTS
Gail Fulton argues that despite the introduction of performers’ rights in Australia , they remain on the agenda
A PERSON SUITABLE FOR BROADCASTING?
Giles Tanner reviews the suitability test under the Broadcasting Services Act
NEW ZEALAND ‘S NEW PRIVACY ACT
Blair Stewart outlines aspects of New Zealand ‘s Privacy Act 1993
OUR MEDIA: WHAT IS GOOD FOR AUSTRALIA PROBABLY IS NOT GOOD FOR BUSINESS
Stuart Littlemore opines on the state of the media
WORLD REVIEW
A glance at some recent international developments
1993 - Volume 12
JOURNALISTS IN CONTEMPT
Michael Sexton reviews some recent developments which threaten the confidentiality of a journalist’s sources of information
PRIVACY IN NEW ZEALAND (SO FAR)
William Akel surveys some recent cases regarding a tort of privacy
ABA DEVELOPMENTS
An overview of the ABA during its first 2 months
PACIFIC RIM REPORT:. WESTWOOD THE COURSE OF EMPIRE
Rupert Murdoch provides a personal vision of Australia ‘s future
RECENT CASES
Gillian Saville reviews some recent case law
SHOPPING CENTRES AND THE INVESTIGATIVE WAY — UNBALANCED AND PARTIAL, BUT NOT IN CONTEMPT
Anthony Mrsnik examines another unsuccessful attempt to restrain The Investigators
FORUM: CENSORSHIP IN THE 1990s
Janet Strickland argues that censorship creep is taking over
David Haines outlines the Policy of OFLC
Cathy Robinson examines film censorship
Marlene Goldsmith argues for restrictions on some material now generally available
Julie Steiner gives a publisher’s perspective
PRIVILEGED COMMUNICATIONS
Queensland Attorney General Deane Wells revisits the issue of privileged communications
FREEDOM OF SPEECH UNDER THE AUSTRALIAN CONSTITUTION
Inn McGill reviews the freedom of speech case
COMPETITION, VIABILITY AND DIVERSITY OF SERVICE
Bob Peters argues that broadcasting regulators could learn from developments in the United States
JOURNALIST’S COPYRIGHT
Charles Alexander argues that employed journalists should cease to be the owners of copyright under the Copyright Act
WORLD REVIEW
Richard Phillips casts a glance across the international situation
WORLD TELEVISION
Chris Irwin surveys international developments and explains the BBC’s approach to issues now facing Australia ‘s ABC
COMMUNICATIONS NEWS
Ian McGill and Bruce Slane review recent developments in a looseleaf supplement
TELECOMMUNICATIONS INQUIRY REVEALS COMPETITION PROBLEMS
Susan Lojkine outlines the findings of the New Zealand Commerce Commission
MEDIA OWNERSHIP: NEW ISSUES AND OLD REMEDIES
Mark Armstrong analyses some of the conundrums of regulation of media ownership
WHEN THE SCREEN BECOMES A BILLBOARD
Grantly Brown examines product placement in the US to determine likely legal developments in Australia
RECENT CASES
THE NATIONAL TRANSMISSIONAUTHORITY — THE NEW FORCE IN BROADCASTING
Richard Lee and Phillip Edwards describe the rise of the National Transmission Authority
GROUP DEFAMATION AND THE VILIFICATION OF WOMEN
Jocelynne Seutt argues that a law against sex vilification would render most media depictions of women unlawful
COLLINSON BROADCASTING
An edited extract of Senator Bob Collins’ first public address since the passage of the Broadcasting Services Act
THE TELECOM NEW ZEALAND CASE
Gina Cass-Gottlieb and John MacKay examine the implications of the Telecom New Zealand Court of Appeal case
THE INVESTIGATIVE JOURNALISTS WHO TRESPASS AGAINST US
Anthony Mrsnik reports on a recent unsuccessful attempt to injunct The Investigators from broadcasting a program
PACIFIC RIM REPORT:
TELECOMMUNICATIONS STRUCTURE AND DEVELOPMENT IN MALAYSIA
Gerald Wakefield reports on Malaysia ‘s system of telecommunications development
THE BROADCASTING ACT LIVES ON FOR REGIONAL RADIO
Jotm Corker outlines some Broadcasting Ac~ issues which will continue to arise in regional radio licence grants
PORNOGRAPHY AND VIOLENCE
Richard Read argues that case studies reveal a link between pornography and violent sex crimes
PORNOGRAPHY, FREE SPEECH AND THE STATUS OF WOMEN
Sarah Ress-Smith argues for a new rationale for the censorship of pornography
THE NEW FACE ON THE REGULATOR
Feter Webb outlines the role of the ABA
WORLD REVIEW: A GLANCE AT SOME RECENT INTERNATIONAL DEVELOPMENTS
MEDIA ACCESS TO COURTS IN SOUTH AUSTRALIA
Ross Duncan reports on some recent somersaults by the South Australian Supreme Court
OWNERSHIP AND CONTROL — THE NEW APPROACH
Jack Ford examines the new approach to ownership and control in the Broadcasting Services Art
COMMIYNICATIONS NEWS
Recent developments in Australia by Ian McGill and in New Zealand by Bruce Slane
THE PRINT MEDIA INQUIRY
Paul Chadwick analyses the recommendations of the Senate Inquiry
THE FUTURE OF THE TELEVISION INDUSTRY
Gary Rice considers the implications of technological and regulatory change
REPUBLICATION OF DEFAMATION
Moira Saville examines liability for repetition of defamation
RECENT CASES
A survey of recent communications cases in Australia and New Zealand
PACIFIC RIM REPORT: THE AUDIO-VISUAL REVOLUTION 8 IN THE ASIA/PACIFIC REGION
Malcolm Long discusses far reaching changes within our region
COMMERCIAL VIABILITY: IS IT RATIONAL TO BE RADICAL?
Bob Peters responds to the BTCE proposal to abandon the commercial viability criterion in broadcasting legislation
ELECTORAL DEFAMATION
Bruce Slane considers defamation suits for matter published during elections in New Zealand
NSW TELECOMMUNICATIONS ACT 1991
Michael Carr reviews some of the issues raised by the enactment of this legislation
IS THERE METHOD IN TILE MADNESS?
Grantly Brown argues that the proposed regulation of content in the Broadcasting Services Bill is best understood as a series of compromises imposed on warring factions
PAY TV IN FOCUS
Nathalie Curtis discussed the film copyright issues raised by satellite delivered pay TV services Michaal Botein asks: is AUSSAT-B on the wrong course?
Richard Rowe addresses some program regulation issues
Kim Williams argues that the Government must examine broad criteria when selecting the successful pay TV bidder
Mark McDonnell examines the European experience and draws lessons for Australia
THE POLITICAL ADVERTISING BAN
Bill Childs and Ian McGill outline the arguments by both sides in the recent High Court challenge to the political advertising ban
COMPETITION REGULATION OF TELECOMMUNICATIONS
Brian Johns discusses the role of AUSTEL and the Trade Practices Commission on the regulation of telecommunications competition
MEDIA PORTRAYAL OF WOMEN
Christina Spurgeon discusses the regulation of media portrayals of women
WORLD REVIEW
A brief review of some international communications developments
FUN AND PROFIT WITH LIBEL
John Wicklein gives an American view of Australia ‘s defamation laws
RESTRICTION OF PUBLICATION ORDERS — DOES THE MEDIA HAVE A RIGHT TO BE HEARD?
Ross Duncan considers two recent cases with conflicting approaches
INTERACTIVE TELEVISION
John MacKay reviews an emerging new technology and considers its privacy implications
COMMUNICATIONS NEWS — RECENT DEVELOPMENTS IN AUSTRALIA AND NEW ZEALAND
Ian McGill and Bruce Slane review recent developments
1992 - Volume 11
COMMERCIAL VIABILITY UNDER THE MICROSCOPE
An analysis of commercial viability by the Bureau of Transport and Communications Economics challenges its usefulness
LOCAL NEWSPAPERS AND PREDATORY PRICING
Gina Cass-Gettlieb and Mark Dorney examine a recent trade practices case on newspaper advertising
PUBLIC DOMAIN FILMS
Kendall Odgers discusses the impact of international copyright laws on films in which copyright is about to expire
INTERCONNECTION OF MOBILE SERVICES
Ian McGill examines the new regulatory regime governing mobile telephone services and points out some of the pitfalls for service providers
FORUM: THE BROADCASTING SERVICES BILL
Peter Westerway examines the major features of the most sweeping overhaul of broadcasting regulation to take place in Australia
Bob Campbell gives a commercial broadcaster’s perspective on the bill
Les Hell finds that the new bill will cause vast changes to Australian commdreial radio
John Griwlths inspects the teeth of the proposed Australian Broadcasting Authority
Beth McRae of Open Channel puts the community television case
Bob Weis puts the production industry’s case for changes to the bill
IMPORTATION OF FOREIGN ACTORS
Martin Cooper discusses the background to recent changes to the Migration Regulations and argues the amendments will prove a laborious and arbitrary fetter upon Australian producers
WHO WILL BE GATEKEEPER?
Holly Raiche discusses the AUSTEL inquiry into privacy in telecommunications in Australia and suggests a number of ways consumers right to privacy can be protected
UNIFORM DEFAMATION BILL 1991
Peter Bartlett reviews the main features of this long-awaited bill
COMMERCIAL IMPACT OF THE UNIFORM DEFAMATION BILLS
Robert Todd discuses the practical effects of the new bill on broadcasters and publishers
PAY TV: A NEW POLICY FOR AUSTRALIA
Kim Beazley outlines the Government’s plan for the regulation of Pay TV
JUDICIAL RECOGNITION OF THE INSERT BUSINESS
Alan Sorrell discusses a recent English case which found that publications can have valuable goodwill as providers of inserted advertising material
NOVEMBER AMENDMENTS: FUNDAMENTAL OR TECHNICAL?
Joan Malkin and Deena Shift discuss the November amendments to Section 137 of the Telecommunications Act and conclude that they could produce perverse results
NEW ZEALAND ACCESS TO THE AUSTRALIAN BROADCASTING INDUSTRY
Jim Stsvenson discusses the framework governing the trade in broadcast services between Australia and New Zealand and concludes that freer trade requires further micro-economic reform in Australia
BLASPHEMY IN A PLURALISTIC SOCIETY
Kerrie Henderson discusses the recent Monitor blasphemy case in Indonesia, and considers its implications for Australia
TECHNOLOGICAL DEVELOPMENTS IN THE MUSIC INDUSTRY
Randall Harper examines the implications of recent developments in technologies for copyright law and contracting in the music industry and argues that the legislators should be more pro-active
THE HIDDEN IMPACT OF THE LAW ON REPORTING
Julianne Schultz argues that not only the defamation laws but the legal system and commercial considerations constrain investigative journalism
ALCOHOL ADVERTISING IN NEW ZEALAND
Bruce Slane examines new solutions for regulation of the broadcast of alcohol advertisements
COMMUNICATIONS NEWS — RECENT DEVELOPMENTS IN AUSTRALIA AND NEW ZEALAND
Inn McGill and Bruce Slane
BLASPHEMY AND RACIAL VILIFICATION
Robert err and Margaret Donaldson examine the “The Satanic Verses” case in the context of Australian and NSW Law
MEDIA ASSETS IN RECEIVERSHIP
Malcolm Turnbull and Cass O’Connor argue that recent receiverships of media companies indicate that the law or practice of receivership will have to change
MAKING ‘UNIVERSAL SERVICE’ WORK
Peter White argues that while Telecom/OTC’s standard telephone service CSO is flexible it may not deliver enhanced network functions to all Australians.
REGULATION GONE BERSERK
Peal Mallam argues that the Broadcasting Amendment .Act 1991 will not hinder the Packer bid for Fairfax and be impossible to administer.
INJUNCTIONS IN DEFARMATION ACTIONS
Frank O’Dormall discusses recent cases which have challenged the courts” reluctance to grant injunctions and finds injunctions are still difficult to obtain.
COMPETITION REGION OF THE MEDIA
Professor Baxt argues that media acquisitions are a special case requiring advanced consideration by an independent body in the light of the public interest.
REVIEW OF PHONE TAPPING LAW
Beverley Schtwr discusses some disturbing aspects of the A-G’s review of phone tapping powers
FORUM: THE PSAINQUIRY INTO THEPRICE OF SOUND RECORDINGS
Professor Alan Fals and Dr Jill WaLker, Carlos Suarez and Phil Dwyer
THE ROLE OF GOVERNMENT IN BROADCASTING REGULATION
Ann Davies argues that the Government’s plans to emasculate its broadcasting regulatory body may rebound on it.
DEFAMATION LAW REFORM
Peter Collius, New South Wales Attorney-General, summarises the planned reforms to defamation laws.
MCA’s ADVERTISING CODES
Angela McAdam reports on the TPC’s inquiry into the administration of the Media Council of Australia’s ad codes which found the system in need of some fine timing only.
FINE TUNING FILM CLASSIFICATION
John Dickie suggests a new PG-13 classification would reduce classification anomalies
THE PRINT MEDIA INQUIRY
Michael Lee, MP, discusses the terms of reference of the inquiry, its timing, predecessors and issues coasidered in its fLVSt hearings.
AUSTRALIAN CONTENT RESTRICTIONS
Sue Brooks argues that with the pressures faced by the TV industry today local content restrictions am still needed.
CHARTERS OF EDITORIAL INDEPENDENCE
Paul Chadwick and Frank Devine put the cases for and against charters of editorial independence
ORDERS FORBIDDING PUBLICATION
Michael Chestsrman discusses some recent decisions giving ‘teeth’ to non-publication orders.
FOREIGN CONTENT IN TV ADS
Martin O’Shannessy discusses the new foreign content restrictions for television ads and argues that while the reforms are a step forward there are still problems
DETERMINING FINANCIAL CAPABILITY
Tim O’Keefe explains hew the ABT determines whether a licensee is financially capable
ARTIST CONTRACTS IN ENTERTAINMENT INDUSTRY
Paul Caftan discusses the important changes in New Zealand in the wake of the Employment Contracts Act.
KEY LICENSING ISSUES
Ian Philip discusses the important role of carrier licence conditions in regulating the provision of telecommunication services to Australian
IS TOBACCO SPONSORSHIP ADVERTISING?
Katrina Henry examines the ABT Grand Prix inquiry which found that tobacco sponsorship was not tobacco advertising
HOW REALISTIC IS OPEN COMPETITION
John Crook
REFORMING THE BROADCASTING ACT
Peter Westerway discusses deficiencies in the Broadcasting Act revealed by recent Tribunal experience.
FREQUENCY TENDERING OR RE-TENDERING IN NZ
Bret Impey questions the fairness of the second tender round.
QUALIFIED PRIVILEGED AND THE MEDIA
Don Cooper examines the background to this defense in Australia and finds it of limited application to the media
FORUM: TELECOMMUNICATIONS
Thomas Arthur of Telecom
Anne Davies of the Communications Law Bulletin
Robin Davey, Chairman of Austel
Brian Perkins of AAP
Alan Robertson of the Australian Telecommunications Users Group
CAMIA PRESIDENT’S AGM ADDRESS
Julia Madden’s address to the sixth annual general meeting of CAMLA on 18 April 1991 ,
UPDATE ON RENTAL RIGHTS
Stephen Peach argues the A43’s decision not to introduce a record rental right is based on a misconception about the relationship between rental rights and the blank tape royalty.
VICTORIAN INQUIRY PRINT MEDIA OWNERSHIP
Face Matthews, Creightun Burns, Sally Walker and Paul Chadwick respond to Grant Hattam’s critique of their report.
SUPPRESSION ORDERS
Ross Duncan discusses the novel approch of the South Australian State Bank Royal Commission to extraterritorial suppression orders.
PRODUCT PLACEMENT IN AUSTRALIA AND NEW ZEALAND
William Van Caenegun argues that broadcasting and trade practices law are not adequate to regulate product placement in all cases.
PAY TV: WHY REGULATE
Rery Sottun examines the Industry Commission paper on the continuing prohibition of Pay TV being delivered to Australian households.
“AMERICAN PSYCHO”:MISSING THE POINT
Rosemary Sorensen argues that BretEaston Ellis’ controversial new book is a misunderstood scapegoat.
UNIFORM DEFAMATIONS LAWS – THE FINAL CHAPTER
Victoria ‘s Attorney-General, Jim Kennan, outlines the reforms proposed by the Attorneys, General of the eastern States.
BOOK REVIEWS
Peter Battler on ~Australian Defamation Laws and Practice
David Casperson on ~Aspects of the Law of Defamation in New South Wales
Peter Comans on “Misleading and Deceptive Conduct”
COMPETITION A SLOWTRAIN COMING
Mike Pickles explains how, in the face of a government’s deregulatory policies, to hang on to a monopoly, Filipino style.
THROWING OFF THE TV POLICY CRINGE
Mark Armstrong argues that Australia ‘s television, having arrested the mass importation of foreign culture, is now poised as a promising export earner.
PROPOSED BAN ON POLITICAL ADVERTISING
Anthony Short argues the Federal Government’s proposed legislation will not achieve its objectives and is in breach of international law.
NEW FEATURE! COMMUNICATION NEWS
Recent developments in Australia by Inn McGill and in New Zealand by Bruce Slane.
COMMITTEE MEMBERS OF CAMLA 1991
PROTECTING MASTHEADS
THE GATTAID AND THEAUSTRALIAN FILM INDUSTRY
INQUIRY IN PRINT MEDIA OWNERSHIP
CO-PR ODUCTIONS V. TLX314
NETWORKING AND AGGREGATION