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Advertising and Marketing

Ad agencies

Providing extensive advice to corporate clients and various advertising agencies on trade practices and competition law issues in relation to pricing practices and advertising and marketing for television, radio and print media.

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Peter Le Guay

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TGA sets sights on social media influencers with the introduction of new advertising code

The Therapeutic Goods Administration’s (TGA) new advertising code aimed at tackling false and misleading advertising by social media influencers has come into force following a six month transition from the old code.
Intellectual Property
14/7/22
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Comment is free – but it could cost businesses who aren’t careful about what is posted on their social media

In a world-first decision, the High Court of Australia has found that media organisations are publishers of third party comments posted on their Facebook pages.
1/10/21
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Anti-troll or anti-platform? New Commonwealth defamation legislation proposed to deal with social media services

If passed, the Social Media (Anti-Trolling) Bill 2021 (Cth) will significantly expand the liability of social media platforms for defamatory posts by their users, deny the platforms recourse to the innocent dissemination defence and make access to a new safe-harbour defence conditional on unmasking anonymous end-users (which raises complex practical and ideological issues, with implications for all web users).
Media
7/6/22
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First test of defamation public interest defence – where to from here for the media?

The first decision applying the new public interest defence to defamation, introduced under s 29A of the Defamation Act 2005 (NSW) in July 2021, has now been handed down in the Federal Court.
Media
11/3/23
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Ben Roberts-Smith: A cautionary tale for would-be defamation applicants and a victory for the truth defence

After the biggest and most expensive defamation trial in Australian history, a judge has found media reports that the country's most decorated soldier Ben Roberts-Smith committed war crimes, assault and acts of bullying in Afghanistan were substantially true.
Media
6/7/23
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Dutton awarded damages for defamatory tweet, but will lose on costs

In the recent decision of Dutton v Bazzi [2021] FCA 1474 (24 November 2021), White J awarded Defence Minister Peter Dutton $35,000 in damages for defamation in relation to a tweet published by an individual which said “Peter Dutton is a rape apologist” and shared a link to an article in The Guardian.
Media
6/7/22
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Anti-troll or anti-platform? New Commonwealth defamation legislation proposed to deal with social media services

If passed, the Social Media (Anti-Trolling) Bill 2021 (Cth) will significantly expand the liability of social media platforms for defamatory posts by their users, deny the platforms recourse to the innocent dissemination defence and make access to a new safe-harbour defence conditional on unmasking anonymous end-users (which raises complex practical and ideological issues, with implications for all web users).
Media
6/7/22
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High Court rules Google is not a publisher in defamation case over hyperlink

In a major win for Google, the High Court has found that the search engine is not liable as a publisher of websites to which it provides hyperlinks in search results for the purposes of defamation law.
Media
6/7/22
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First application of the “serious harm test” by an Australian court in defamation case

The first decision given by an Australian court applying the “serious harm” test since amendments to defamation legislation were introduced on 1 July 2021 was handed down late last month in an interlocutory judgment and published today.
Media
6/7/22
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Google smacked with $715,000 defamation payout to former NSW deputy premier – how the judge reached his decision and why it may not be the end of the matter

Former deputy Premier of NSW, John Barilaro, has been awarded $715,000 in damages and interest by the Federal Court of Australia after he sued Google for defamation over two videos published on YouTube by ‘friendlyjordies’.[1]
Media
6/7/22
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