Media Law Conference 2022
2022 has been a turbulent year in Media Law, so it is imperative that you understand what happened, what can go wrong, and what to do when it does. From suppression orders to aggravated damages, defamation to privacy law reform, digital platform regulation to podcast crackdowns; Gather with leading minds and regulators to hear what the future holds across defamation law, open justice, press freedom and regulating digital media. If you work in media law, you cannot afford to miss this industry event. 2211N27
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
The conference will be followed by a Networking Drinks Reception
Session 1
Hot off the Press: Critical Media Law Issues
Chair: Kevin Lynch, Partner, Johnson Winter & Slattery; Best Lawyers 2022, Defamation and Media Law
9.00am to 9.15am Opening Address
Presented by Kevin Lynch, Partner, Johnson Winter & Slattery; Best Lawyers 2022, Defamation and Media Law and Katelyn Iacono, Associate, Johnson Winter & Slattery
9.15am to 10.00am Pre-Publication: Practical Takeaways
- Consider best practice in approaching this task
- Explore commonly arising issues
- Gain practical tips in reducing the risks
Presented by Leanne Norman, Partner, Banki Haddock Fiora; Best Lawyers 2022, Defamation and Media Law
10.00am to 11.00am Determination of the Meaning of a “Publication” in Australian Defamation Law, and Related Issues
- Explore the ‘single meaning rule’
- Examine the related issue of what task the tribunal of fact must perform in deciding upon meaning
- Gain perspective on the related issue of what standard an appellate court is to apply when reviewing the findings of the tribunal of fact with respect to meaning
Presented by Daniel Ward, Barrister, Sixth Floor Selbourne Wentworth Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.00pm Aggravated Damages, Defamation Pleading and the Practical Impact of Defamation Procedural Rules
Recent cases such as the judgment of Rares J in Barilaro v Google LLC [2022] FCA 650 have highlighted the risk for practitioners that pleading decisions will give rise to aggravated damages awards. Consider:
- The current state of the case law including the judgment in Barilaro
- Balancing development of the law against pleading risks
- Key considerations in relation to different types of defence, such as justification and qualified privilege defences
Presented by Sue Chrysanthou SC, 153 Phillip Barristers
12.00pm to 12.45pm Contempt and Suppression Orders: Restrictions on Open Justice
Join an experienced practitioner, Marlia Saunders as she discusses and analyses recent developments in relation to non-publication orders, statutory restrictions and contempt of court including recommendations arising from the NSW Open Justice Report and the Queensland “Hear Her Voice” Report. Scrutinise how this may affect your daily practice and what the future holds for media law.
Presented by Marlia Saunders, Partner, Thomson Geer
12.45pm to 1.15pm Amendments to the Uniform Defamation Legislation: practice and procedure
- Arguments about imputations and defence
- Timetabling
Panellists:
The Honourable Judith Gibson, New South Wales District Court
Dauid Sibtain SC, Barrister, Level 22 Chambers
Robert Todd, Partner, Ashurst; Best Lawyers 2022, Defamation and Media Law
Session 2
Digital Media Law: Your Rights and Responsibilities in a Digital World
Chair: Rebecca Dunn, Partner, Gilbert + Tobin; President, CAMLA; Best Lawyers 2022, Defamation and Media Law
2.00pm to 3.00pm Current Reviews of the Australian Privacy Act: Potential Impact on News Media
- Outcomes from the ACCC Digital Platforms Inquiry
- Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 (Online Privacy Bill)
- Current Privacy Act Review, including:
- Whether individuals should have direct rights of action to enforce privacy obligations
- Whether a statutory tort for serious invasions of privacy should be introduced
- Changes to the Journalism exemption: the self-regulation model, what organisations are covered and if some or all of the APPs should apply to acts or practices of media organisations
Presented by Robert Neely, Partner, Lander & Rodgers; Best Lawyers 2022, Information and Technology Law
3.00pm to 4.00pm Trial by Media: The Impact of True Crime Podcasts on the Judicial System
The True Crime genre has experienced a renaissance across a wide variety of media, from print to podcasts. These productions have presented new legal twists on traditional newsgathering creating questions and challenges unique to the genre.
Presented by John-Paul Cashen, Partner, Thomson Geer; Best Lawyers 2022, Defamation and Media Law
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm What Does the Future Hold for Regulation of Digital Media and Digital Platforms?
Join regulators and leading practitioners as they discuss the potential future of digital media and platform regulation. Discuss international developments in broadcast and telecommunication laws, and examine current and future policy and its effect on the media law landscape.
Panellists:
Julie Chandra, Principal Lawyer/ Manager. Content, Consumer and Citizen - Legal Services Division, Australian Communications and Media Authority (ACMA)
Sarah Waladan, Director of Policy and Regulatory Affairs, IAB Australia
Ross Mitchell, Director of Broadcast Policy, Free TV Australia
Thomas Jones, Partner, Bird & Bird
5:15pm Networking Drinks
Presenters
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 consumer law. 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. Asia Pacific Legal 500 consistently 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 2021 ranks Kevin as a notable practitioner – “one of Australia’s best defamation lawyers”… “an experienced and extremely capable lawyer who takes a very commercial approach to his matters”.
Katelyn Iacono
Katelyn has advised international and Australian corporations and individuals on a range of employment and media related matters. Katelyn has wide ranging experience in litigation, including in employment disputes and defamation proceedings. She is currently acting in general protections proceedings before the Federal Court and the Fair Work Commission, a number of commercial contract disputes in the Supreme Court of NSW. Katelyn also provides pre-publication advice to a number of media organisations and has facilitated media law training to clients.
Leanne Norman
Leanne Norman co-heads the media team at Banki Haddock Fiora, with over 35 years of experience in defamation and media law. She has acted for an extensive range of publishers and broadcasters over that period. Leanne has regularly been recognised as a leading practitioner in her field, including as Best Lawyers’ Lawyer of the Year for Defamation and Media Law in Sydney in 2021. She is also ranked in the ‘Hall of Fame’ for TMT Media and Entertainment work in Legal 500 Asia Pacific. Leanne has been acknowledged as one of the industry’s busiest and "most adept" practitioners. She provides pre-publication advice on a range of critical stories for several publishers and broadcasters, but also provides post-publication advice on complaints and concerns notices, and conducts the defence of litigation brought against the media. Leanne has degrees in Arts and Law from the Australian National University.
Daniel Ward
Daniel was called to the Bar in 2021. He accepts briefs in all areas of law. He has a BCL (Distinction) from the University of Oxford, and University Medals in Law and Arts from the University of Sydney. He has represented clients in a range of matters in the High Court, NSW Court of Appeal, NSW Court of Criminal Appeal, Full Court of the Federal Court, NSW Supreme Court, WA Supreme Court, NSW District Court and Fair Work Commission. Immediately prior to coming to the Bar, Daniel was a Special Counsel in the Sydney office of Norton Rose Fulbright. He was also an Associate to the Hon James Allsop AO, Chief Justice of the Federal Court of Australia.
Sue Chrysanthou SC
Sue Chrysanthou SC is a leading defamation barrister whose practice also includes intellectual property matters. She was called to the bar in 2004 and was appointed Senior Counsel in 2020. Sue has acted in a number of key cases including Rush v Nationwide News, Hanson-Young v Leyonhjelm, and Stead v Fairfax Media Publications Pty Ltd.
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. Marlia specialises in defamation, contempt of court, suppression orders, freedom of information and court access applications, confidential information claims, prepublication advice, copyright, consumer law and privacy matters.
The Honourable Judith Gibson
Judge Gibson is the Defamation List Judge for the District Court of New South Wales and a member of the advisory committee assisting the Department of Justice’s current review of the uniform defamation legislation. Judge Gibson is a contributing author to Australian Defamation Law and Practice (LexisNexis) and the author of the Defamation chapter in the Judicial Commission’s Benchbook.
Dauid Sibtain SC
With over 20 years’ experience at the Bar, Dauid maintains an expansive practice, with particular expertise in media, building and construction, commercial, and intellectual property matters. His considerable experience as a trial and appellate advocate before both judges and juries, has seen him appear in significant litigation in the High Court of Australia, New South Wales Court of Appeal and in other superior courts. He is regularly engaged to appear in urgent applications and frequently advises and appears for high profile clients, on instruction from both solicitors in private practice and directly from in-house corporate legal departments. Dauid has been recognised as Recommended in 2018-2020 in Doyle’s guide as Recommended Counsel, Leading Technology, Media & Telecommunications Barristers, NSW.
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 is the President of the Communications and Media Law Alliance.
Robert Neely
Robert Neely is a technology and regulatory lawyer with over 20 years specialist experience. His practice focuses on large scale ICT procurement and outsourcing initiatives, communications and media regulation and commercial arrangements in the IT, telecommunications and on-line sectors. Robert is also an experienced competition lawyer. His work in this area includes advising on mergers, restrictive trade practices, infrastructure access and competition policy initiatives. Robert is a committee member of the Law Council of Australia E-commerce Committee and a member of ITech Law, the NSW Society for Computers and Law and the Australian Information Industry Association legal subcommittee. He is recognised as a leading IT and telecommunications lawyer in various practitioner guides.
John-Paul Cashen
John-Paul Cashen is recognised as one of Australia’s most prominent media lawyers, with extensive experience in all aspects of media law. He is a specialist in defamation, contempt of court, suppression, privilege, breach of confidence, freedom of information, urgent injunctions and racial vilification claims. He acts for high profile media organisations including News Corp, Channel Nine, Nine-Fairfax newspapers, SBS Australia and Harper Collins. John-Paul has been recognised by his peers in Best Lawyers in Australia as ‘Lawyer of the Year’ (2021) and a leading lawyer (2022 – 2023) in the area of Defamation and Media Law. He has also been recognised in Doyle’s Guide (2020 – 2021) as a recommended lawyer in Technology, Media and Telecommunications in Victoria.
Julie Chandra
Julie Chandra has been a Principal Lawyer at the Australian , Communications and Media Authority (ACMA) since late 2009. Julie , advises her internal clients on all aspects relating to the regulation of , broadcasting, the internet and telecommunications. As a government , lawyer, Julie advises on areas such as administrative law, judicial review , and statutory interpretation, particularly in relation to the Broadcasting , Services Act, the Telecommunications Act and all related subordinate , legislation, standards and codes. She regularly provides advice in relation , to investigations into alleged breaches of broadcasting and , telecommunications regulation and manages Federal Court litigation on , behalf of the regulator by and against industry participants.
Sarah Waladan
Sarah is the Director of Policy & Regulatory Affairs at IAB Australia. Sarah works with IAB member organisations, policy makers and the global IAB network, advising on legal and policy issues related to the digital advertising ecosystem. Sarah has held various roles across government and the private sector focussed on media, communications, advertising and intellectual property issues. Sarah joined IAB from Free TV Australia where she was Head of Legal and Regulatory Affairs and Joint Company Secretary
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 over 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 Director, Australian Energy Regulator, at the Australian Competition and Consumer Commission. He also worked as a Project Officer in the South Australian Department of Treasury and Finance.
Thomas Jones
Thomas is a partner at the Competition and Commercial Groups at Bird & Bird in Sydney, and co-head of the Technology and Communications Group in Australia, He specialises in cross-jurisdictional regulatory issues in technology and communications. When advising clients, Thomas combines excellent, technical legal knowledge with innovative, creative approaches. Thomas has expertise in technology and communications, particularly on the regulatory side, covering exciting new areas such as 5G and LEO satellites as well as the full range of existing services. Where law is just evolving or technologies are novel, Thomas uses his creative problem-solving skills to plot a trajectory with his clients to achieve their desired outcomes.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km