4th Annual Media Law Conference: Navigating the New Reforms
New & hidden risks are emerging from the many significant developments in media law. Minimise the risk by staying on top of the evolving regulatory landscape, defamation reforms, the news media bargaining code, & other media law reforms. Explore the latest in online harms, sports & media rights, copyright trends, & internet intermediary liability. Join interactive panel discussions where a varied assemblage of experts examine defamation and the reporting of sexual misconduct & domestic violence. WEB2111N21
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Significant New Reforms and Trends in Media Law
Chair: Jarrad Parker, Executive Counsel, Channel Nine
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am The Changing Regulatory Landscape in Media: New Reforms
- Media environment in the 2020s
- Evolving regulatory landscape
- Status of media law reforms
- News media bargaining code
- What next?
Presented by Dr Martyn Taylor, Partner, and Dietrich Marquardt, Senior Associate, Norton Rose Fulbright
9.50am to 10.35am Defamation Reforms: The New Legislation and the New Legal Issues
- Analyse the new legislation and the impact of the new reforms
- Is uniformity an issue?
- Scrutinise the key changes including:
- A new ‘serious harm’ test
- Mandatory Concerns Notices
- New stand-alone defence for publications on matters of public interest
- New defence concerning peer-reviewed matters published in academic or scientific journals
- A new ‘single publication rule’
- Clarification of the cap on damages for non-economic loss
Presented by Robert Todd, Partner, Ashurst
10.35am to 10.50am Morning Tea
10.50am to 11.35am PANEL DISCUSSION: The Defamation Reforms in Practice: The Practical Impact on the Media Landscape
Join our panel of experts to dissect the media defamation law reforms, how they’re playing out in practice, and what those in the media sector need to know and do to navigate the new regime.
Panellists include:
Justin Quill, Partner, Thomson Geer
Marlia Saunders, Partner, Thomson Geer
Stuart Gibson, Partner, Mills Oakley
11.35am to 12.20pm Free Access to Iconic Sporting Events: The Relevance of the Anti-Siphoning List in 2021
- The anti-siphoning list: What is it, how does it work?
- Is it outdated?
- Should it be extended online?
- How could that be done?
Presented by Ross Mitchell, Director, Broadcasting Policy, Free TV
12.20pm to 1.05pm Online Harms: A Reflection of the Changing Shape of Global Communications Regulation
- Online harms and the implied constitutional freedom of speech
- Practical implications for electronic services, social media services and internet services
- Putting it in context: How does this fit with existing laws?
- Online harms in a global context: What is next?
Presented by Sophie Dawson, Partner and James Hoy, Senior Associate, and Lijun Chui, Partner, Bird and Bird (Lijun Chui live stream from Singapore)
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Guide to Reporting, Restrictions & Contracts
Chair: Kevin Lynch, Partner, Johnson Winter and Slattery
2.00pm to 2.45pm INDUSTRY AND LEGAL PERSPECTIVES: Guidance for Reporting of Sexual Misconduct and Domestic Violence
Join a varied panel as they offer their unique perspectives and insights into the key challenges, risks and best practices related to the reporting of sexual misconduct and domestic violence.
Panellists:
Amelia Ballinger, Producer, 60 Minutes, Channel 9
Hayley Foster, CEO, Rape and Domestic Violence Services Australia
Gina McWilliams, Senior Legal Counsel, Newscorp Australia
Jake Blundell, Senior Associate, Banki Haddock Fiora
Eve Thomson, Special Counsel, Johnson Winter and Slattery
2.45pm to 3.30pm Recent Developments in Automatic Statutory Restraints, Suppression Orders and Contempt of Court Legislation
Join our presenters as they discuss and analyse the recent developments impacting non publication orders, statutory restraints and contempt of court legislation. Scrutinise how this may affect your daily practice and what the future holds in store for media law.
Presented by Justin Quill, Partner, Thomson Geer and Gina McWilliams, Senior Legal Counsel, Newscorp Australia
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Copyright Developments and Trends
- Recent cases considering fair dealing for parody & satire
- Using copyright to protect logos
- Developments in copyright and source code
- Copyright issues arising from the Non-Fungible Token craze
Presented by Marlia Saunders, Partner, Thomson Geer
4.30pm to 5.15pm Internet Intermediary Liability: Current Status and Reform
- Background on internet intermediaries
- Overview of recent legal developments concerning internet intermediaries including the Voller case
- Discussion of ongoing reform processes
Presented by Joel Parsons, Senior Associate, Bird and Bird
Presenters
Jarrad Parker
After working with top tier national and global firms for over a decade, Jarrad is now an Executive Counsel at Nine Entertainment Co, working in both media and employment law. In the media law space, he provides pre- and post-publication advice and representation in relation to television, print and radio publications, in areas including defamation, contempt of court, statutory restrictions on publication, copyright and trespass. Jarrad also has expertise in relation to the full range of employment law issues, including drafting employment documentation and delivering training to employees and managers.
Dr Martyn Taylor
Dr Martyn Taylor is a corporate & commercial partner at Norton Rose Fulbright in Sydney. He heads the telecoms & media group in the Asia-Pacific. Martyn is named as one of the 'top 10' TMT legal advisors in Asia and he is recommended by the key legal directories. Some recent awards include: Australasian Deal of the Year 2016, 2021; Australian Law Firm Partner of the Year - Telecoms & Technology 2016, 2017, 2018, 2020; Asia-Pacific Telecoms Deal of the Year 2015, 2020; Global Merger of the Year 2015, 2020; and Australian Law Firm Partner of the Year - Commercial, 2016, 2017, 2019.
Dietrich Marquardt
Dietrich is a competition and regulatory lawyer at Norton Rose Fulbright in Sydney. He also regularly acts for clients in the telecommunications, media and technology space, having acted for clients on a number of advisory and transactional matters, including in relation to M&A/JVs, infrastructure rollouts, satellite and tower deals, market entry, and access spectrum, whilst also advising upon strategies to mitigate risks associated with such matters, and ensuring regulatory compliance. Dietrich is recognized as an expert in his field, having been awarded winner of the Competition, Trade & Regulation category in the 2020 Lawyers Weekly 30 Under 30 awards, whilst being a finalist in the Media & Telecommunications category.
Robert Todd
Robert Todd has been consistently recognised as a Leading Individual in media law by Chambers Global, 2011, Euromoney's Guide to the World's Leading Media Lawyers, 2010 and Best Lawyers Australia, 2010. He is a recognised defamation, media and IT disputes lawyer. Robert is an accredited mediator. His practice is also focused on advising clients on information technology, e-commerce and commercial disputes. Robert advises a major national newspaper publisher, several national broadcasters, an international search engine provider and international IT suppliers. He has acted for the combined media on law reform and proposed legislation.
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.
Marlia Saunders
Marlia is an experienced media/entertainment, intellectual property and privacy lawyer who has extensive top-tier law firm expertise and a unique client perspective after working as a senior in-house lawyer for many years. She recently joined national firm Thomson Geer as a Partner after working as the Senior Litigation Counsel at News Corp Australia for four years. Marlia previously worked at a top-tier international firm for 13 years where she acted for and advised most of Australia’s major media organisations, social media and streaming platforms, large corporates and government bodies
Stuart Gibson
Stuart is an Accredited Commercial Litigation Specialist and has practised in this area since 1995 including as a Barrister on the Victorian Bar Roll. Stuart only acts for Plaintiffs/Applicants in defamation cases. He has represented the lion's share of the Hollywood "A" List in defamation cases including Russell Crowe, Jennifer Anniston, Cate Blanchett, Mel Gibson, Arnold Schwarzenegger, Katy Perry, Nicole Kidman, Sarah Michelle Gellar, Harrison Ford, Christina Aguilera, Demi Moore, Catherine Zeta-Jones, Keith Urban, Orlando Bloom, David Lee Roth, Van Halen and many more. Stuart has also represented many leading politicians, religious leaders, public figures and Fortune 500 Directors in defamation matters.
Ross Mitchell
Ross Mitchell was appointed Free TV Australia’s Director of Broadcasting Policy in February 2017.
With a background in regulatory economics and politics, Ross has spent more than two decades on public policy issues in Australia. He has experience working across State and Federal Governments, including working as an adviser to a former Communications Minister.
Before he joined Free TV Australia, Ross was a Director in the Australian Energy Regulator division of the Australian Competition and Consumer Commission. He also worked as an analyst in Treasury and Finance in South Australia.
Sophie Dawson
Sophie has been recognised as a leading media lawyer in the directories since at least 2001, and is now a partner in Bird & Bird’s global media, entertainment and sports practice. The Bird & Bird Media, Entertainment and Sports practice attracts tier 1 global rankings in the major directories including Chambers and the Legal500. Sophie is ranked as a leading individual in Doyles and in the other major directories including the Asia-Pacific Legal 500, Chambers Asia Pacific, Best Lawyers and Euromoney’s Women in Business Law.
James Hoy
James is a Senior Associate in the Dispute Resolution Group in the Sydney office of Bird & Bird and specialises in media and technology disputes and advice. James is an experienced litigator with particular expertise in defamation proceedings, having acted for major media organisations throughout most of his career. This includes acting on behalf of newspaper publishers, as well as the ABC, for whom he has previously worked in-house. James has also acted for public and private sector clients across a range of other contentious matters, including matters relating to IT contracts, copyright infringement and injurious falsehood.
Lijun Chui
Lijun Chui specialises in commercial dispute resolution and regulatory investigations and enforcement. She handles a broad range of complex commercial litigation and arbitration matters and has experience in international and domestic arbitrations (both ad hoc and under the SIAC, ICC, LCIA and UNCITRAL rules) involving the construction, shipping, oil and gas, retail and banking sectors. Lijun also has substantial experience with tech disputes and investigations and regularly advises on cybersecurity and data issues and on emerging technology such as smart contracts, block chain and distributed ledger technology.
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.
Amelia Ballinger
Amelia Ballinger has been a journalist in news and current affairs for fifteen years.
She began her career with A Current Affair in Brisbane before moving into the newsroom in Sydney and then to London, where she spent several years as the Europe Correspondent for the Nine Network. Amelia then relocated to the US, living and working first in New York and then Washington, DC. She joined the 60 Minutes team in Sydney, after returning to Australia last year.
Hayley Foster
Hayley Foster is the Chief Executive Officer of Rape and Domestic Violence Services Australia. She holds a Bachelor of Business (Economics and Finance), and Bachelor of Laws (Hons), and post graduate qualifications in Social Sciences, Financial Planning and Family Disputes Resolution. Hayley has over 20 years' experience working in the business, social services, health, and justice sectors and with diverse population groups across metropolitan, regional, rural and remote Australia. Hayley’s experience cuts across frontline specialist sexual and domestic violence services, family law practice, family disputes resolution, accredited behaviour change, violence prevention, policy and law reform, and organisational management.
Gina McWilliams
Gina started her legal career at Edwards Wallace (now defunct) in Perth before moving to Sydney in 2005. Apart from a short stint at Ashurst Australia, she has worked in-house at News Corp Australia ever since and likes to quip that they will one day cart her out of Holt Street in a pine box. Gina has worked on defamation matters large and small including Kostov v Nationwide News Pty Ltd; suppression and access matters including Hogan v Australian Crime Commission; and, in between, advises her print and online clients on all matters media related.
Jake Blundell
Jake specialises in media law, defamation, and intellectual property, acting for a number of large publishers and broadcasters. Jake has represented media organisations, including Nine Entertainment, in relation to non-publication and suppression order matters and applications seeking media access to court documents in prescribed sexual offence and other sensitive matters. Jake played a central role in coordinating Banki Haddock Fiora’s submissions in relation to the recent defamation law reform process, and the NSW Law Reform Commission’s ongoing review of the various legislative provisions relating to access to court documents, suppression and non-publication orders, closed court and exclusion provisions.
Eve Thomson
Eve is a special counsel at Johnson Winter & Slattery specialising in dispute resolution and media. She has over 15 years’ experience in the conduct and resolution of complex disputes, and over 10 years’ experience advising media companies in relation to defamation, legislative restrictions, contempt and contractual matters. Eve acts for leading national publishers and broadcasters a well as international online media, and has acted for clients in litigation at both State and Federal levels, as well as in expert determinations and tribunals.
Joel Parsons
Joel is a media, entertainment and technology lawyer. He supports clients in advisory and litigation matters. He works across core areas of law affecting media businesses such as defamation, copyright, advertising, and restrictions on publication. Joel previously worked in media production and content creation, giving him a practical understanding of the unique challenges content creators face. He has assisted a number of significant tech-focused organisations and multinationals with broadcasting, telecommunications regulation, privacy, spam and data security issues. Joel is also an experienced litigator.