MEDIA | TheBrief

media, defamation & Privacy

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the pen is mightier than the scalpel - Surgeon not defamed

In a high‑profile defamation dispute heard over many months in the Federal Court of Australia, orthopaedic surgeon Dr Munjed Al Muderis sued Nine Network Australia Pty Limited and associated publications. The Federal Court’s decision in Al Muderis v Nine Network Australia Pty Ltd marks the first successful reliance on the public interest defence under section 29A of the Defamation Act 2005 (NSW). The case arose from a joint investigation by 60 Minutes, The Age and The Sydney

By CJ DORE

the pen is mightier than the scalpel - Surgeon not defamed

Implementation of THE NEW digital DEFAMATION FRAMEWORK

Australian defamation law has undergone a sustained period of reform, driven by the challenges of digital publication. Traditionally developed for newspapers, magazines, and broadcasters, the law has been increasingly tested by social media platforms, online forums, and user-generated content. Courts and legislators have been forced to confront whether operators of online systems – search engines, forums, and hosting services – can be treated as publishers, and how liability

By CJ DORE

crown-use exemption trumps copyright infringement

In a significant intellectual-property dispute, Australian News Channel Pty Ltd (ANC), a subsidiary of News Corp Australia and operator of Sky News Australia, commenced proceedings in the Federal Court of Australia against media-monitoring service provider Isentia Pty Ltd. Background The case arose from the distribution, as alleged by ANC, of ANC’s broadcast and digital content to Commonwealth and State government clients. In plain terms, ANC contended that Isentia collected

By THE BRIEF EDITORIAL

How voller set the scene for digital responsibility change

The litigation that came to be known as Voller v Nationwide News Pty Ltd arose out of circumstances that were already deeply confronting. Dylan Voller was a former youth detainee whose treatment in detention was exposed in the ABC Four Corners program investigation, Australia’s Shame. The broadcast revealed images and practices that shocked the public and led directly to a Royal Commission into youth detention in the Northern Territory. background Following the broadcast, Mr

By CJ DORE

defamation paperwork to the letter of the law in geelong

The Supreme Court of Victoria decision in Reiter v News Corp Australia Pty Ltd & Anor (2025) VSC 54 provides a clear illustration of how defamation proceedings can fail before any assessment of truth, falsity, or reputational harm is reached. The case did not turn on whether the published allegations were defamatory. Instead, it turned on whether the plaintiff followed the mandatory statutory pathway that must be completed before a defamation claim can be heard at all. The de

By CJ DORE

freedom of tweet - He said, she said, court said

The litigation in Comcare v Banerji arose from the intersection of public service obligations, online political communication, and statutory workers’ compensation law. Michaela Banerji was employed by the Commonwealth in the former Department of Immigration and Citizenship. Background During her employment, she operated an anonymous Twitter account, @LaLegale, from which she published more than 9,000 tweets. Many of those posts were politically charged and critical of the Dep

By THE BRIEF EDITORIAL

murdoch vs crikey - an ordinary australian

In August 2022, Lachlan Murdoch commenced defamation proceedings in the Federal Court of Australia against Private Media Pty Ltd, the publisher of the online outlet Crikey. The case arose from an opinion article authored by Crikey’s political editor, Bernard Keane, addressing the Murdoch family’s media influence and its perceived role in coverage of the 6 January 2021 attack on the United States Capitol. Defamation Law Applied Without Status The proceeding attracted immediate

By CJ DORE