Hoser v Harrison
[2024] FedCFamC2G 436
Para 35
…ts continue to prefer the traditional approach to publication as remaining applicable to social media. The most recent of these is Hoser v Harrison [2024] FedCFamC2G 436, where Manousaridis J does not refer to either Stocker v Stocker [2020] AC 593; [2019] UKSC 17 or to Bazzi v Dutton .…
Greiss v Seven Network Operations Ltd (Costs)
[2024] FCA 377
Para 240
…that are such a feature of Australian defamation proceedings (although considerably less in this Court: Greiss v Seven Network Operations Ltd (Costs) [2024] FCA 377 at [48]). I reserve costs and grant liberty to apply.…
Selkirk v Wyatt
[2024] FCAFC 48
Para 64
…hnology. This is quite common, as judgments at first instance ( Eshow v Bishop Mar Meelis Zaia [2019] VSC 465 at [3]) and on appeal ( Selkirk v Wyatt [2024] FCAFC 48; Stoltenberg v Bolton; Loder v Bolton at [99]); Stocker v Stocker at [27]) demonstrate. In proceedings to which social media platforms are a party, s…
Lehrmann v Network Ten Pty Limited (Trial Judgment)
[2024] FCA 369
…ak v Bauer Media Pty Ltd [2016] NSWDC 98 Kumova v Davison (No 3) [2023] FCA 171 Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 Li v The Herald & Weekly Times Pty Ltd [2007] VSC 109 Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20 Maisel v Financial Times Ltd [1915] 3 KB 336 Massoud v Nat…
Howe v Zuchowski
[2024] VSCA 56
Para 65
…urt may find the evidence unsatisfactory ( Defteros v Google LLC (Costs) [2020] VSC 324 at [23]) or of no assistance, as occurred in Howe v Zuchowski [2024] VSCA 56 at [162], where the Court went on to make its own findings about Facebook (at [163] – [165]) based on the evidence before the court, which included e…
Greiss v Seven Network (Operations) Limited (No 2)
[2024] FCA 98
Para 201
…and Slander , paragraph 12.6). This definition has been cited and approved as recently as in Greiss v Seven Network (Operations) Limited (No 2) [2024] FCA 98 at [331]. However, there is no clear line between a comment and statement of fact; many defamatory words contain elements of fact, conclusion from facts an…
Roberts-Smith v Fairfax Media Publications Pty Limited (No 41)
[2023] FCA 555
…-Smith v Fairfax Media Publications Pty Limited (No 36) [2022] FCA 578 Roberts-Smith v Fairfax Media Publications Pty Ltd (No 41) [2023] FCA 555 Schmidt v Argent [2003] QCA 507 Selkirk v Wyatt [2024] FCAFC 48 Smith v ADVFN plc [2008] EWHC 1797 (QB) Speight v Gosnay (1891) 60 LJQB 231 Stead v Fairfax Media Publica…
Kumova v Davison (No 3)
[2023] FCA 171
Para 1
…d by the defendant after the incidents he describes. The term ‘vigilante’ is not uncommonly found on social media; in Kumova v Davison (No 3) [2023] FCA 171 at [2], Lee J notes that the respondent is a “self-professed Twitter vigilante”; this is the opinion that person held of herself, and not a factual descripti…
Massoud v Nationwide News Pty Ltd; Massoud v Fox Sports Australia Pty Ltd
[2022] NSWCA 150
…nnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20 Maisel v Financial Times Ltd [1915] 3 KB 336 Massoud v Nationwide News Pty Ltd (2022) 109 NSWLR 468; [2022] NSWCA 150 McGlen-McLeod v Galloway [2012] NSWCA 368 Mohareb v Fairfax Publications Pty Ltd (No 3) [2017] NSWSC 645 Noble v Phillips (No 3) [2019] NSWSC 110 O’D…
Google LLC v Defteros
[2022] HCA 27
Para 97
…67] – [169] (where Payne JA cites Kourakis CJ in Google Inc v Duffy (2017) 129 SASR 304; [2017] SASCFC 130 at [133]; see also Google LLC v Defteros [2022] HCA 27; (2022) 96 ALJR 766 at [19] – [38] and [145] – [153] as to Google searches and hyperlinks). A common feature in these judgments is the question of whet…
Bazzi v Dutton
[2022] FCAFC 84
Para 34
…ionary definition as this would be devoid of context and thus an inappropriate means of determining the meaning of a publication ( Bazzi v Dutton [2022] FCAFC 84 at [65] – [66] per Wigney J). Determination of meaning without reference to context would not take into account that the plaintiff’s motives appeared to…
Roberts-Smith v Fairfax Media Publications Pty Limited (No 36)
[2022] FCA 578
…ao Novaya Gazeta v Russia (App. No. 44561/11) [2021] ECHR 44561/11 Roberts-Smith v Fairfax Media Publications Pty Limited (No 36) [2022] FCA 578 Roberts-Smith v Fairfax Media Publications Pty Ltd (No 41) [2023] FCA 555 Schmidt v Argent [2003] QCA 507 Selkirk v Wyatt [2024] FCAFC 48 Smith v ADVFN plc [2008] EWHC 1…
The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu
[2022] NSWCA 1
Para 37
…e Facebook posts such as the defendant’s post employ (some of these issues are touched on in The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu [2022] NSWCA 1, where the matters complained of arose out of hundreds of pages of short Weixin text conversations over a 24-hour period). These factors must be taken into…
Dutton v Bazzi
[2021] FCA 1474
Para 35
…Mr Levine asks me to follow the approach taken by White J in Dutton v Bazzi [2021] FCA 1474 (submissions, paragraph 4 – 6), where his Honour found that imputations pleaded by the applicant were conveyed. Since this decision was overruled on appeal ( Bazzi v Dutton ), this may seem surprising, but some courts conti…
Fairfax Media Publications Pty Ltd v Voller
[2021] HCA 27
Para 92
…he same way that liability is attracted to third party posts: Fairfax Media Publications Pty Ltd v Voller (2021) 273 CLR 346; [2021] HCA 27.…
Defteros v Google LLC
[2021] VSCA 167
Para 31
…tter complained of, such as a party’s legal representatives ( Wen Yue He v Chinese Newspapers Pty Ltd [2005] NSWSC 253). In Defteros v Google LLC [2021] VSCA 167 at [245] – [257], the very few persons who read the matter complained of seem to have been the plaintiff’s legal team, but identification was still taken…
Stead v Fairfax Media Publications Pty Ltd
[2021] FCA 15
Para 204
…blic interest is an evaluative one, and will capture comments that invite public criticism or discussion ( Stead v Fairfax Media Publications Pty Ltd [2021] FCA 15; 387 ALR 123 at [141]). The question is whether the matter affects people at large who are legitimately interested in what may happen to them or to o…
O’Donnell v Lloyd
[2020] NSWDC 787
Para 38
…Are there other factors to take into account? Judgments often refer to “context” but, as is noted in O’Donnell v Lloyd [2020] NSWDC 787, courts have never used philological tools to analyse or interpret any pre-internet publications, let alone social media. In a rare case where expert evidence was provided ( Rid No…
Brien v Mrad
[2020] NSWCA 259
Para 28
…A 288 at [90] – [96]. A publication may be found to have been made even where the contents turn out to be worse than what was pleaded: Brien v Mrad [2020] NSWCA 259 at [23] – [25].…
Defteros v Google LLC (Costs)
[2020] VSC 324
Para 65
…Even where an expert is called, the court may find the evidence unsatisfactory ( Defteros v Google LLC (Costs) [2020] VSC 324 at [23]) or of no assistance, as occurred in Howe v Zuchowski [2024] VSCA 56 at [162], where the Court went on to make its own findings about Facebook (at [163] – [165]) based on the evide…
Stoltenberg v Bolton
[2020] NSWCA 45
Para 80
…republication) is very broad, as was noted in Bolton v Stoltenberg [2018] NSWSC 1518 at [165] (appeal dismissed: Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45). Liability depends on the degree of endorsement; Payne J at [171] differentiates between pressing the “like” button (which is not an endorsement of…
Poniatowska v Channel Seven Sydney Pty Ltd
[2019] SASCFC 111
…[2020] NSWDC 787 Pamplin v Express Newspapers Ltd [1988] 1 WLR 117 Poniatowska v Channel Seven Sydney Pty Ltd (2019) 136 SASR 1; [2019] SASCFC 111 Pritchard v Van Nes [2016] BCJ No 781 Rid Novaya Gazeta and Zao Novaya Gazeta v Russia (App. No. 44561/11) [2021] ECHR 44561/11 Roberts-Smith v Fairfax Media Publication…
Eshow v Bishop Mar Meelis Zaia
[2019] VSC 465
Para 64
…the issue of publication or any aspect of computer technology. This is quite common, as judgments at first instance ( Eshow v Bishop Mar Meelis Zaia [2019] VSC 465 at [3]) and on appeal ( Selkirk v Wyatt [2024] FCAFC 48; Stoltenberg v Bolton; Loder v Bolton at [99]); Stocker v Stocker at [27]) demonstrate. In pr…
Voller v Nationwide News Pty Ltd
[2019] NSWSC 766
Para 26
…ial media post may be liable: Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766 (“ Voller” ). These proceedings were commenced shortly after Voller was handed down but Mr Levine has confirmed that no Voller issue arises.…
Stocker v Stocker
[2019] UKSC 17
Para 35
…The most recent of these is Hoser v Harrison [2024] FedCFamC2G 436, where Manousaridis J does not refer to either Stocker v Stocker [2020] AC 593; [2019] UKSC 17 or to Bazzi v Dutton .…
Noble v Phillips (No 3)
[2019] NSWSC 110
Para 82
…tributed only some material, or there was a difference in substance, as McCallum J noted in her helpful summary of the law in Noble v Phillips (No 3) [2019] NSWSC 110 at [43] – [60].…
Bolton v Stoltenberg
[2018] NSWSC 1518
Para 80
…Liability for publication (and republication) is very broad, as was noted in Bolton v Stoltenberg [2018] NSWSC 1518 at [165] (appeal dismissed: Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45). Liability depends on the degree of endorsement; Payne J at [171] differentiates between pressing the “like” button (wh…
Feldman v Polaris Media Pty Ltd as trustee of the Polaris Media Trust Trading As the Australian Jewish News (No 2)
[2018] NSWSC 1035
Para 1
…her than a statement of fact ( Feldman v Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News (No 2) [2018] NSWSC 1035 at [51]).…
Tabbaa v Nine Network Pty Ltd (No 10)
[2018] NSWSC 468
Para 204
…er the matter affects people at large who are legitimately interested in what may happen to them or to others ( Tabbaa v Nine Network Pty Ltd (No 10) [2018] NSWSC 468 at [34]-[35]).…
Google Inc v Duffy
[2018] SASCFC 10
Para 97
…judgments concerning social media publications, such Bolton v Stoltenberg at [167] – [169] (where Payne JA cites Kourakis CJ in Google Inc v Duffy (2017) 129 SASR 304; [2017] SASCFC 130 at [133]; see also Google LLC v Defteros [2022] HCA 27; (2022) 96 ALJR 766 at [19] – [38] and [145] – [153] as to Google searches an…
Google Inc v Duffy
[2017] SASCFC 130
Para 97
…social media publications, such Bolton v Stoltenberg at [167] – [169] (where Payne JA cites Kourakis CJ in Google Inc v Duffy (2017) 129 SASR 304; [2017] SASCFC 130 at [133]; see also Google LLC v Defteros [2022] HCA 27; (2022) 96 ALJR 766 at [19] – [38] and [145] – [153] as to Google searches and hyperlinks). A co…
Wilson v Bauer Media Pty Ltd
[2017] VSC 521
Para 218
…The relevant principles are set out by John Dixon J in Wilson v Bauer Media Pty Ltd [2017] VSC 521 and in Belbin v Lower Murray Urban and Rural Water Corporation [2012] VSC 535 at [211].…
Mohareb v Fairfax Media Publications Pty Ltd (No 3)
[2017] NSWSC 645
Para 95
…law, as McCallum J (as her Honour the Chief Justice of the Supreme Court of the ACT then was) noted in Mohareb v Fairfax Publications Pty Ltd (No 3) [2017] NSWSC 645 at [31] – [32]:…
Carolan v Fairfax Media Publications Pty Ltd (No 6)
[2016] NSWSC 1091
Para 1
…Whether the matter complained of “in its defamatory sense” ( Carolan v Fairfax Media Publications Pty Ltd (No 6) [2016] NSWSC 1091 at [100]) was an expression of opinion of the defendant rather than a statement of fact ( Feldman v Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian…
Korolak v Bauer Media Pty Ltd
[2016] NSWDC 98
Para 38
…cluding consideration of the use of photographs and key phrases. Factors such as genre ( Hoser v Harrison at [9]; Korolak v Bauer Media Pty Ltd [2016] NSWDC 98 at [27]), purpose (such as a complaint or warning), and in particular context ( Stocker v Stocker at [4] – [8] and [20] – [26]) can have a role to play in…
El-Mouelhy v Q-Society of Australia Inc (No 2)
[2015] NSWSC 990
Para 106
…place on the internet where the publication was made is not only contrary to pleading requirements ( El-Mouelhy v Q-Society of Australia Inc (No 2) [2015] NSWSC 990 at [8] – [10]) but would be insufficient to establish publication has occurred. A party cannot establish liability merely by referring to “Facebook”; t…
Jeffrey v Giles
[2015] VSCA 70
Para 44
…olution that has resulted in it becoming “potentially a medium of virtually limitless defamation” (referred to with approval in Jeffrey v Giles [2015] VSCA 70 at fn 69). These proceedings are a good example of this change.…
Dank v Cronulla Sutherland District Rugby League Football Club Ltd
[2014] NSWCA 288
Para 28
…ave to interrogate early in the proceedings as to the contents of the publication: Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 at [90] – [96]. A publication may be found to have been made even where the contents turn out to be worse than what was pleaded: Brien v Mrad [2020]…
Cerutti v Crestside Pty Ltd
[2014] QCA 33
Para 229
…ailure is shown to be, in the circumstances of the case, improper, unjustifiable or lacking in bona fides ( Cerutti & Anor v Crestside Pty Ltd & Anor [2014] QCA 33 at [38]). The defendant’s failure to apologise does not fall within such a category.…
Linnell v Channel Seven Sydney Pty Ltd
[2014] NSWSC 20
Para 109
…Ms Cowden referred me to Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20, where the plaintiff brought proceedings for three publications between October and December 2011 but not for a fourth (dated 27 October 2011). The plaintiff brought an application in 2014 to include the 27 October 2011; it was concede…
McGlen-McLeod v Galloway
[2012] NSWCA 368
…nancial Times Ltd [1915] 3 KB 336 Massoud v Nationwide News Pty Ltd (2022) 109 NSWLR 468; [2022] NSWCA 150 McGlen-McLeod v Galloway [2012] NSWCA 368 Mohareb v Fairfax Publications Pty Ltd (No 3) [2017] NSWSC 645 Noble v Phillips (No 3) [2019] NSWSC 110 O’Donnell v Lloyd [2020] NSWDC 787 Pamplin v Express Newspapers…
Belbin v Lower Murray Urban and Rural Water Corporation
[2012] VSC 535
Para 218
…principles are set out by John Dixon J in Wilson v Bauer Media Pty Ltd [2017] VSC 521 and in Belbin v Lower Murray Urban and Rural Water Corporation [2012] VSC 535 at [211].…
Matthews v SPI Electricity Pty Ltd (Ruling No 9)
[2012] VSC 340
Para 35
…bsite worked ( Clark v Ryan [1960] HCA 42; (1960) 103 CLR 486 at 490–491 per Dixon CJ; Matthews v SPI Electricity Pty Ltd (Ruling No 9) [2012] VSC 340 at [35]–[43] per J Forrest J; Heydon JD, Cross on Evidence (14th ed, LexisNexis, 2023–2024) at [29025]). Secondly, insofar as the appellant complains of a lack of…
Rossen v Airey
[2012] WASCA 26
Para 31
…a different publication to a different person tells, apparently decisively, against any favourable conclusion for the plaintiff (see Rossen v Airey [2012] WASCA 26 at [31] ff).”…
Haddon v Forsyth
[2011] NSWSC 123
…] FCA 377 Greiss v Seven Network (Operations) Limited (No 2) [2024] FCA 98 Habib v Radio 2UE Sydney [2009] NSWCA 231 Haddon v Forsyth [2011] NSWSC 123 Harrigan v Jones [2000] NSWSC 814 Holmes v Fraser [2008] NSWSC 570 Hoser v Harrison [2024] FedCFamC2G 436 Howe v Zuchowski [2024] VSCA 56 Jeffrey v Giles [2015] VSCA…
Habib v Radio 2UE Sydney Pty Ltd
[2009] NSWCA 231
Para 102
…n terms of liability, as it was expressly limited in the 4FASOC to a claim for damages only (as to the dangers of which, see Habib v Radio 2UE Sydney [2009] NSWCA 231), so it is no help to the plaintiff on liability issues. Even as to quantum, any republication plea was not the subject of evidence or submissions, a…
Holmes v Fraser
[2008] NSWSC 570
Para 236
…if malice had been particularised, the difficulties of claiming malice as relevant to aggravated damages, as outlined by Simpson J in Holmes v Fraser [2008] NSWSC 570 at [103] – [110], would remain a barrier. I would not be prepared to award aggravated damages on this basis.…
Baker v Nightingale
[2008] NSWDC 103
Para 41
…at a word used in the matter complained of cannot distil the imputation, is not necessarily a bar; see the authorities set out in Baker v Nightingale [2008] NSWDC 103.…
John Fairfax Publications Pty Ltd v Hitchcock
[2007] NSWCA 364
Para 2
…on related to a matter of public interest, a test that has been said to be relatively easy to satisfy ( John Fairfax Publications Pty Ltd v Hitchcock (2007) 70 NSWLR 484 at [123]ff). Personal and private matters which have a public impact (such as conduct in a public place) may still be in the public interest.…
Li v The Herald & Weekly Times Pty Ltd
[2007] VSC 109
…son (No 3) [2023] FCA 171 Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 Li v The Herald & Weekly Times Pty Ltd [2007] VSC 109 Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20 Maisel v Financial Times Ltd [1915] 3 KB 336 Massoud v Nationwide News Pty Ltd (2022) 109 NSWLR 468; [2022] NSWC…