Great News for the Victorian Music Industry and well done to Music Victoria!
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A Step Forward in Defamation Law
by Monique Fisher.
Since the inception of online reviewing platforms such as Google, keyboard warriors have had the ability to leave (sometimes scathing) reviews of businesses and products whilst hiding behind anonymous accounts. Although the option to have your personal information concealed whilst leaving feedback can promote honest criticism and positive accountability, it has also become an avenue for individuals to leave misleading or defamatory comments with no repercussions.
Of course, as reputation is everything, false negative feedback from undisclosed consumers can be extremely detrimental to small or local businesses. However, recent considerations earlier this year in a couple of cases regarding online reviewing illustrate a sign of things to come regarding online defamation in Australia.
In the case of Kabbabe v Google LLC [2020] FCA 126, a Melbourne based Dentist, received a defamatory review from an undisclosed source which caused detriment to his business. After unsuccessfully asking Google to remove the post, he requested that Google provide the reviewers contact details to pursue a case of defamation against them. The dentist applied to the Federal Court to require Google to reveal this information. The Judge then considered whether Google, as an American company, could be served in accordance with an international treaty known as the Hague Convention. Such an action would previously require a drawn-out process taking several months because of obligations to lodge and process the documentation in two countries. However, the Dentists’ lawyer found a loophole in the Convention which meant that the originating documents could be sent to Google by international registered post, and in effect, dramatically shorten the entire process. As a result, the court gave leave to the Dentist to serve Google with the originating application seeking a preliminary discovery outside of Australia.
Further, in Prasad v Google LLC [2020] FCA 67 earlier this year, the Federal Court again considered an application for preliminary discovery against Google relating to a Gmail user who had made potentially defamatory comments.
Whilst the Federal Court has did not make orders for preliminary discovery against Google in either of these decisions, they recognised that both plaintiffs had prima facie cases with respect to alleged defamatory reviewers’ identities and could seek action. This determination by the Courts has brought us a step closer to the possibility of unveiling anonymous users via tech companies in the future giving us a taste of what is to come.
You can read more about both of these cases via the links below:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0126
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0067
The end of a very sad chapter for the iconic music festival.
From the good people at www.themusic.com.au
“These were young people in their late teens or early twenties… this horrific event really derailed their lives.”
More than 70 people injured in a crowd crush at Falls Festival in 2016 will receive a share of $7 million.
As ABC reports, the Victorian Supreme Court has approved the settlement, after a class action lawsuit was launched in 2017 due to 77 punters suffering injuries during the New Years event in Lorne.
The stampede was believed to have occurred at around 11pm in the Grand Theatre at the conclusion of DMA’S set as festivalgoers left to make their way to watch British trio London Grammar in the Arena.
It was reported people at the front of the group exiting the theatre lost their footing and were trampled by the large crowd that followed.
“The compensation payments will enable group members to look to, and plan for, the future. In respect of some of the larger claims, we anticipate the compensation payment will be life changing,” Maddens Lawyers’ Kathryn Emeny said.
“These were young people in their late teens or early twenties… this horrific event really derailed their lives. Each group member is continuing to deal with that.”
A Falls Festival spokesperson told Hack “We hope that the settlement will bring some relief and closure for all of the participants.
“We also want to assure the participants and all those who attend our events, that health and safety is our number one priority. We care deeply about the welfare of our patrons, and are continually improving and adapting our safety protocols on an ongoing basis.”
Need music law advice? Contact Sanicki Lawyers on 03 9510 9888 or hello@sanickilawyers.com.au.
Such devastating news for so many of our country music clients as well as the good folk of Tamworth. But no doubt this great event will be back bigger and better in 2022.
From the good people at www.themusic.com.au
Council Votes To Suspend Major Aussie Music Festival’s 2021 Event
9 September 2020 |
“Today is a sad day, not only for Tamworth, but for the artists, and the country music industry.”
The 2021 Tamworth Country Music Festival will not be going ahead after Tamworth Region Councillors last night voted to suspend all Council-run events next year due to the ongoing COVID restrictions.
The writing was on the wall for the country festival after Tamworth Regional Council last week recommended that Councillors call off the 2021 event due to the “current public health orders” in place, including the prohibition of music festivals and mass gatherings.
“Today is a sad day, not only for Tamworth, but for the artists, and the country music industry,” festival manager, Barry Harley, said.
“We have remained as optimistic as we could and continued with our planning in the hope that conditions would ease. Unfortunately, like so many others in our situation, we have had to surrender to the challenges COVID has placed on us and make the difficult decision to suspend TCMF2021.”
Tamworth Region Mayor, Col Murray, said the decision was difficult to make, however “one that had the health and safety of our community, our fans, the artists, volunteers, local businesses, staff, and the wider country music industry front of mind”.
“It is hard to believe that we have had to make this decision, and it most certainly has not been an easy decision to make,” Murray said.
“Still, the impacts of introducing COVID-19 to our community far outweigh the impacts cancelling the festival would have on our community.”
Though the festival is off, the Toyota Golden Guitar Awards will still go ahead in 2021 as a virtual event.
“It is important that we continue to recognise country music talent at the 49th Toyota Golden Guitar Awards, despite not being able to hold a live event,” Harley said.
“Artists have faced an extremely challenging year, but many have continued to work hard and release new music, under the most difficult of circumstances, and we want to pay tribute to them by hosting a remarkable event, that is streamed far and wide so that everyone can experience the best of Australian country music.”
It is intended that the Tamworth Country Music Festival return in 2022.
Need music law advice? Contact Sanicki Lawyers on 03 9510 9888 or hello@sanickilawyers.com.au.