Bond v Barry [2008] FCAFC 115

Bond v Barry [2008] FCAFC 115

Transmission by a freelance journalist of an article to a media organisation for publication constitutes 'publication' under s 65A of the Trade Practices Act 1974 (Cth), engaging the media safe harbour defence. Such publication is not 'in connection with' the supply of journalistic services as contemplated by the statutory exemption's limitation. Consequently, the claims had no reasonable prospects of success and were summarily dismissed.

Jurisdiction
Australia
Judgment Date
23 June 2008
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['misleading and Deceptive Conduct' 'media Safe Harbour Defence' 'construction of S 65 a Trade Practices Act' 'summary Judgment' 'accessorial Liability']
['trade Practices Law' 'media Law' 'commercial Law'] ['misleading and Deceptive Conduct' 'media Safe Harbour Defence' 'construction of S 65 a Trade Practices Act' 'summary Judgment' 'accessorial Liability']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether transmission of article by freelance journalist to media organisation constitutes 'publication' under s 65A Trade Practices Act" "Whether publication was 'in connection with' supply of goods or services as per s 65A(1)(a)(i)" 'Proper approach to summary judgment under s 31A Federal Court Act' 'Accessorial liability for media organisations receiving and publishing information from journalists']

Ratio Decidendi

Transmission by a freelance journalist of an article to a media organisation for publication constitutes 'publication' under s 65A of the Trade Practices Act 1974 (Cth), engaging the media safe harbour defence. Such publication is not 'in connection with' the supply of journalistic services as contemplated by the statutory exemption's limitation. Consequently, the claims had no reasonable prospects of success and were summarily dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellants pay the costs of the proceedings.']