3rd Annual Media Law Conference
The media law landscape is once again in the spotlight with so much reform and change to analyse and navigate. You will find all the important issues here including an update from the ACCC, the new defamation act, social media liability, pre-publication advice and the news media bargaining code. You will hear from the leading experts in each field as we dissect the events of 2020 and look at what the future might bring. This annual conference is a must for anyone in the media industry.
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Reforms and Updates in the Media Law Landscape
Chair: Clarissa Amato, Barrister, Banco Chambers
9.00am to 9.15am: Keynote Address from the ACCC
Hear directly from the regulator regarding the latest decisions, trends and developments that will impact your practice.
Presented by Kate Reader, Joint General Manager, Digital Platforms Branch, ACCC
9.15am to 10.15am: Pre-Publication Advice
- The responsible journalism defence: Will it change the playing field?
- Serious harm threshold: Is it a factor in prepublication clearances?
- The appetite for risk: impact of the million dollar plaintiffs
- Advising the resource-restrained newsroom
- From clearance to courtroom: assessing witnesses and documents
Panellists include:
Kevin Lynch, Partner, Johnson Winter Slattery
Marlia Saunders, Senior Litigation Counsel, Newscorp Australia
Prash Naik, Principal, Prash Naik Consulting
Kathryn Wilson, Senior Lawyer, Prepublication and Training, ABC
10.15am to 11.05am: Contempt of Court Law Proposal in Victoria and the Implications for Other States
- What is the proposal?
- What would it mean for:
- Reporting Courts in Victoria
- The principle of open justice
- Freedom of speech
- Should media organisations in other states be worried?
Presented by Justin Quill, Partner, Thomson Geer (live web stream from Melbourne)
11.05am to 11.20am: Morning Tea
11.20am to 12.10pm: Addressing Online Piracy in Australia
Presented by Andrew Stewart, Partner, Baker Mckenzie
12.10pm to 1.00pm: Intellectual Property Issues in the Media
- Online creativity and intellectual property rights
- Copyright protection in cyberspace.
- Protecting IP in media and entertainment.
- Is the internet the new pirate ship?
Presented by Dan Pearce, Partner, Holding Redlich
1.00pm to 1.15pm: Closing Comments from the Chair
Session 2
Defamation and Digital Media Regulation
Chair: Michael Williams, Partner, Gilbert & Tobin
2.00pm to 2.45pm: Putting it in Perspective: The Practical Implications of Privacy and Defamation Law Reform
Consider the key aspects of the current reform process with insights from other jurisdictions in relation to how similar issues have been handled.
- Key public policy considerations
- Why the principles matter
- Key comparisons: the US and the UK
- The APAC perspective
- Insights from the UK: what will serious harm and the public interest test mean in practice?
- How does privacy reform fit into this picture?
- Privacy and defamation online: what is over the horizon?
Presented by Sophie Dawson, Partner, Bird and Bird
2.45pm to 3.30pm: The New Defamation Act: The Federal Implications
Examine how it will impact procedure and outcomes in media and non-media defamation cases.
Presented by Sue Chrysanthou SC, Barrister, 153 Phillip Barristers; Preeminent Technology, Media and Telecommunications, Senior Counsel, Doyle’s Guide 2020
3.30pm to 3.45pm: Afternoon Tea
3.45pm to 4.30pm: Why Buy the Cow When you can get the Milk for Free: The Genesis of the ACCC’s News Media Bargaining Code
- The story so far and what’s happened with Google and Facebook in the EU and US
- The bargaining inequality between digital platforms and news publishers
- How the Code is intended to cure the inequality
- How the Code works in practice
Presented by Hannah Marshall, Partner and Danielle Kroon, Lawyer, Marque Lawyers
4.30pm to 5.15pm: Fake News or Free Speech: The Role of Social Media Companies in Regulating Disinformation
- Disinformation on social media in 2020
- Steps taken by Twitter and Facebook in relation to tweets by President Trump
- The US and s 230
- Australia and recommendation 15 of the Digital Platforms Inquiry Report
Presented by Rebecca Dunn, Partner, Gilbert and Tobin
Presenters
Clarissa Amato
Clarissa Amato is an experienced advocate practising in commercial litigation, defamation, intellectual property and media law. She is recommended in Doyles Guide to the Legal Profession for media, technology, and communications matters. She is ranked in the World Trademark Review as one of Australia's leading trademark Counsel, described as "a commercial, defamation, IP and media litigator with an excellent record..."Clarissa has a busy media and entertainment practice, spanning all areas of the law of reputation including copyright, trademark, defamation, breach of confidence, and consumer law.
Rebecca Dunn
Rebecca is a partner in Gilbert + Tobin’s Intellectual Property group. She is an experienced intellectual property litigator who has worked on some of the leading copyright cases in Australia. In addition to copyright, her focus is on trade mark litigation and Australian Consumer Law litigation.
She advises clients across industries including health care, media and entertainment in relation to the multiple legal issues associated with branding. Rebecca has particular expertise in the online space in relation to copyright, consumer law, social media, privacy, data protection and defamation.
She has worked on a variety of enforcement matters for both national and international clients including the film and music industries. Rebecca has litigated cases in the Supreme and Federal Courts and at appellate level in the NSW Court of Appeal, the Full Federal Court and the High Court of Australia.
Kevin Lynch
Kevin has over twenty years’ experience in advising media and technology companies in relation to defamation, contempt, privacy, legislative restrictions, broadcast regulation, copyright, contractual matters and trade practices. With the JWS team Kevin provides dedicated defamation and pre-publication advice to prominent online, radio and television clients, including multinational media distributors and publishers. The 2020 edition of the Asia Pacific Legal 500 lists Kevin listed as a leading individual in media and entertainment where he is described as “ “a valued adviser, bringing exceptional experience, grounded assessment of claims and commercially-based advice across a range of specialised areas”. Chambers and Partners ranks Kevin as a notable practitioner – “an experienced and extremely capable lawyer who takes a very commercial approach to his matters”.
Marlia Saunders
Marlia is the Senior Litigation Counsel at News Corp Australia, where she advises and acts for newspapers, news websites and magazines throughout Australia. Her role covers high profile defamation litigation, resolving editorial complaints, providing pre-publication advice, appearing in applications for suppression and non-publication orders and drafting IP licensing, talent and production agreements. Prior to working at News, Marlia worked at Ashurst for almost 13 years in the media/intellectual property team. Her matters included defamation and copyright litigation; sponsorship, production and licensing agreements; and privacy advice. Over the years, Marlia has undertaken secondments at Foxtel, Telstra and the Australian Digital Health Agency.
Prash Naik
Prash Naik is the former General Counsel for Channel 4 Television in the UK. He now lives in Sydney providing pre-publication advice to tv, film and digital producers internationally. He advises through the London media law practice Reviewed & Cleared, his Sydney based law practice Prash Naik Consulting and as General Counsel to the Doc Society a non-profit foundation (London & New York) supporting independent documentary filmmakers globally. He has advised on a number of high-profile films including the undercover investigation into Cambridge Analytica, Leaving Neverland, The Rise of the Murdoch Dynasty, The Kleptocrats and The Great Hack.
Michael Williams
Michael Williams is the head of Gilbert + Tobin's Intellectual Property team. Michael is ranked in band 1 for Trade Mark and Copyright in Chambers Asia Pacific 2017 (describing him as "formidable, extremely professional and incredibly bright.") He is a well-known practitioner with a passion for copyright. Over the last 2 decades he has acted for a diverse range of organisations affected by copyright, including recording companies, film studios, television broadcasters, software vendors and technology companies. Career highlights include: Cooper v Universal Music Australia Pty Ltd (2005) (right of communication)
Justin Quill
A self-confessed media junkie, Justin has always had a keen interest in journalism and the media, almost becoming a journalist himself. Now he not only advises on every aspect of media, but is called on as an expert commentator. Thrust into a senior role early in his career, Justin has gained experience in media law that is beyond his 20 plus year career length. However, knowing the law is one thing; Justin’s ability to know how to utilise this knowledge is what really sets him apart.
Hannah Marshall
Hannah Marshall is a partner at Marque Lawyers. She specialises in competition law, advertising and defamation. She's intrigued by the power of words. She works on competition law compliance, ACCC investigations and disputes, advertising transparency and she provides pre-publication advice for several news publishers. Some interesting cases she has worked on include the Occupy Sydney appeal about the implied freedom of political communication and political protests, defending Seven's attempt to get hold of a 'tell all' book manuscript about breakfast TV show 'Sunrise', and defending a cross-border internet defamation case brought in NSW by US online gaming giant Evony against UK blogger Bruce Everiss.
Danielle Kroon
Danielle Kroon is a lawyer at Marque Lawyers. She’s a member of the litigation and regulatory team, specialising in competition law, advertising and all manner of regulatory regimes. She works on competition law compliance, advertising guidance and clearance, ACCC investigations and disputes, and commercial litigation / arbitration. Some interesting cases she has worked on include advising on a guerrilla style comparative advertising campaign, liaising with the ACCC in relation to an inquiry, contractual disputes in commercial arbitration, advising on Part IV issues under the Competition and Consumer Act and advising on advertising campaigns across a variety of industries, including energy and pharmaceutical.
Andrew Stewart
Andrew Stewart heads the Australian Media & Content Group and serves as member of the Global Media Steering Committee. A partner since 2007, Andrew is also a member of the Australian Dispute Resolution, Intellectual Property and Technology, Communications & Commercial practice groups. Andrew also has significant in-house experience in one of Australia's most successful television networks, giving him an insight into the media environment in Australia. He is a member of the Communication and Media Lawyers Association of Australia, and is an advisory board member of the Melbourne University Centre for Media and Communications in the Law.
Sophie Dawson
Sophie Dawson's clients value her strategic approach to advising on a wide range of contentious and advisory matters within the media and technology sector. Sophie is a partner in the Sydney office, and head of the Disputes practice in Australia. She specialises in media and technology advice and disputes, including data protection and publication laws. Sophie works closely with the Technology and Communications group, as well as the Intellectual Property team. With over 22 years' experience, Sophie acts on a wide range of disputes work within the media, telecommunications and information technology sectors.
Kathryn Wilson
Kathryn Wilson has more than 10 years’ experience as a media law litigator and prepublication advisor. She currently works in-house at the ABC providing advice across the full range of the ABC’s programming – from news and current affairs to entertainment and factual. She has run numerous defamation cases, suppression order appeals and court access applications. She has resisted attempts to reveal journalists’ confidential sources. Together with her colleagues, Kathryn delivers prepublication training and advocates for better laws to protect freedom of speech.