High Court crackdown on Publisher's Defence could impact healthy food campaigns

By Joe Lederman and Charles Fisher
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, June/July 2009


On 30 April 2009, the High Court of Australia handed down a decision which limited the legal protection previously provided to advertisers or publishers of false or misleading information. Up till now, a publisher or media outlet was generally exempt from liability under the Trade Practices Act if merely reporting a statement that turns out to be false. This article explores the new legal understanding of the "publisher's defence" and highlights when legal protection may not be available.


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