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Communications, Media & Technology
Our experienced Communications, Media & Technology legal team
regularly publishes articles and updates - the full list of publications appears
below. Our publications contain
up-to-date news for industry professionals, with commentary by our expert legal
teams. If you'd like to be notified when we add new communications, media &
technology publications to the site, please go to our
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Communications and technology is a dynamic area of growth, with constantly
changing opportunities and legislation. For more information, see our communications
media and technology pages.
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The Content Services Code for industry co-regulation in the area of content services as required by Schedule 7 to the Broadcasting Services Act 1992 was registered by ACMA on 16 July 2008. Partner Ian McGill and Lawyer Valeska Bloch look at the implications following the Code's registration |
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Some certainty and common sense has re-entered the Australian franchising industry with today's highly anticipated judgment of the High Court of Australia in Master of Education Services Pty Ltd v Ketchell. Partner Andrew Wiseman and Lawyer Tim Holden report |
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On 26 June 2008, the Internet Corporation for Assigned Names and Numbers approved recommendations that will allow for a significant increase in the number of generic top-level domains. Implementation of the recommendations will see the registration of generic top-level domains become far more accessible to corporations and communities. Partner Michael Pattison, Lawyer Adrian Fisher and Research Assistant Margaret Walsh look at what is involved |
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A long awaited Information Technology (Amendment) Bill is currently up for consideration by India's upper house. The Bill seeks to address, among other issues, deficiencies under Indian law relating to data protection in the wake of publicised incidents of data breaches involving Indian offshore service providers. Senior Associate Ken Shiu and Partner Michael Pattison reports that such measures have been required within India's IT industry for several years |
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With effect from 1 June 2008, auDA, the Australian Domain Name Administrator, has introduced a policy that removes most of the restrictions that previously applied to the transfer of .au domain name licences. The procedure for transferring .au domain names has also been simplified. Senior Associate Rebecca Sadleir discusses the changes |
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The Chinese Ministry of Science and Technology, the Ministry of Finance and the State Administration for Taxation have released the Administrative Measures for the Recognition of High and New Technology Enterprises which sets out the procedures and requirements for PRC enterprises to be recognised as high-technology enterprises. Partner Campbell Davidson, Lawyer Justin Chin and Paralegal Michelle Ding report |
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As a result of the Vietnamese Government's continuing economic reform agenda, foreign investors are likely to be given the opportunity to become strategic investors in major Vietnamese State-owned enterprises in the telecommunications industry as part of the country's 'equitization' process. Senior Associate Ian Stewart and Lawyer Daniel Allender comment on the current state of play and potential further developments |
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Over the past 18 months, social networking sites have become mainstream and concerns about the online safety of children has received increasing political and media coverage both within Australia and internationally. Three documents that have been recently released in the United Kingdom examine the use and misuse of social networking sites and make recommendations for strategies to minimise online risks and enhance child safety. Partner Ian McGill and Lawyer Valeska Bloch review these documents |
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With the bulk of the Communications Legislation Amendment (Content Services) Act 2007 (Cth) becoming operative on 20 January 2008, the Australian Communications and Media Authority has responded to the new content regulation scheme by developing a new Restricted Access Systems Declaration, which regulates access to restricted content delivered to mobile handsets and over the Internet. Lawyer Matt Vitins and Summer Clerk Chris Dalton look at what will change |
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In a recent Federal Court case, a software owner was unsuccessful in taking action against a company that was clearly making unauthorised use of its software. The plaintiff lost, even though the software had been obtained by a former employee who had signed a confidentiality undertaking to protect the company's 'confidential information'. Partner Michael Pattison and research assistant Margaret Walsh explain that the case serves as a useful reminder of some basic steps that software owners should take to protect their property |
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Over the past 18 months, the Government made incremental changes to the Broadcasting Legislation Amendment (Digital Television) Act 2006 to facilitate the transition from Australia's single analogue television broadcasting service to a system requiring broadcasting in digital mode, and facilitate the associated services and new channels |
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Recent and complex changes to the Broadcasting Services Act 1992 have been driven by an objective of harmonising Australia's content regulation. Subject to a number of exceptions, whatever the delivery platform or form the content takes, whether permanent or ephemeral, the Internet content industry will be required to respect community standards on content, particularly that which may be objectionable to children. Partner Ian McGill and Lawyer Valeska Bloch review the changes |
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Partner Catherine Parr, Special Counsel Karin Clark and Articled Clerk Kelly Griffiths report on proposals in the Australian Law Reform Commission's recent discussion paper for the reform of Australian privacy laws as they relate to credit reporting |
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A recent Federal Court case considered the issue of when a distribution agreement or trade mark licence is also a franchise agreement and is, therefore, regulated by the mandatory Australian Franchising Code of Conduct. Partner Tim Golder and Lawyer Robyn Chatwood report on how the case clarified the factors relevant to a 'system or marketing plan' and detail the court's non-exhaustive list of considerations |
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The release of new geographic domain names will give businesses an opportunity to register domains that reflect a geographic connection to their business. Senior Associate Jesse Gleeson and Articled Clerk Jeremy Collins report |
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The Australian Law Reform Commission has recently released a discussion paper that proposes reforms of Australia's privacy laws as they relate to developing technologies and telecommunications. Partner Michael Pattison, Articled Clerk Jeremy Collins and Law Graduate Tim Cardiff report |
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We look at the process for securing domain names in the soon to be released '.asia' top level domain and the first US litigation brought by software developers for breach of an open source licence |
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In Ketchell v Master of Education Services Pty Ltd, the New South Wales Court of Appeal held that a franchising agreement was illegal because it contravened clause 11 (1) of the Franchising Code of Conduct. Partner Andrew Wiseman and Lawyer Andrew Dyer report on the major implications stemming from the decision for both franchisees and franchisors |
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The Federal Government's Office of Small Business has released its much anticipated amendments to the Franchising Code of Conduct. In some cases, the amended regulations, which commence on 1 March 2008, go further than both the recommendations of the Franchising Code Review Committee and the Government's initial response. Partner Tim Golder and Lawyer Robyn Chatwood report on the more significant changes and their impact on franchisors |
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We look at the obligations of users of open source software and the contractual principles of online auctions |
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The past two months has seen a crackdown by the Australian Communications and Media Authority on unsolicited electronic messages. Special Counsel Karin Clark and Lawyer Suzanne Komattu-Mathews report on the outcome of three recent decisions under the Spam Act 2003 (Cth) |
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Judge Felicity Hampel in the Victorian County Court recently held that the general law now offers protection to 'private information' under both the equitable action of breach of confidence and a new tort of invasion of privacy. Special Counsel Karin Clark, Lawyer Maree Norton and Articled Clerk Adam Butt consider the extent this groundbreaking decision, if upheld, is likely to increase an individual's right to control the publication of 'private information' about themselves |
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The Australian Communications and Media Authority's Media Diversity Report was published on 30 May 2007. It sets out details of the ownership of the regulated media platforms in each commercial radio licence area in Australia and it provides details about the points regime that is central to the administration of the new media ownership laws that came into force on 4 April 2007. Partner Ian McGill reports |
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The creation of a Do Not Call Register scheme last year has major repercussions for the telemarketing industry and all businesses that use phone marketing techniques. Special Counsel Karin Clark, Lawyer Andrew Ailwood and Law Graduates Claire Bourke and Valeska Bloch outline the legislative components establishing the scheme and examine its implications |
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The recent Federal Court decision in Australian Performing Rights Association Limited v Monster Communications Pty Limited provides some guidance on wording often used in licence fee calculations in mobile content licences and other online interactive services arrangements |
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The much-publicised copyright infringement litigation brought by the major record companies in the Federal Court of Australia in Sydney has been settled |
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Consultant Jeremy Chase and Senior Associates Rawat Chomsri and Orawan Chomsri report on a significant development in foreign ownership of Thai telecoms. They also consider, in brief, recently implemented interconnection rules and some new requirements for standard form telecoms contracts |
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The Australian Communications and Media Authority has launched a new spam reporting button, which will enable consumers to report spam to ACMA with the click of a computer mouse. This comes as ACMA successfully prosecutes a company and its managing director for breaches of the Spam Act 2003 . Partner Michael Pattison, Special Counsel Karin Clark and Lawyer Jesse Gleeson report |
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In this edition, we look at the potential risks to a franchisor by establishing an online presence to the detriment of its franchisees, highlight a recently released report into franchisor failure in Australia, and look at the recently released Franchise Council of Australia Member Standards |
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ACMA has registered a new industry Code: the Internet Industry Spam Code of Practice - A Code for Internet and Email Service Providers. Senior Associate Lisa Hill and Law Graduate Daniel Mendoza-Jones report on what ACMA claims to be the world's first legislative code of practice for email and Internet service providers |
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The release on 14 March 2006 of a discussion paper on media reform options, Meeting the Digital Challenge, Reforming Australia's media in the digital age (Discussion Paper), invites submissions on the package of reforms set out in the Discussion Paper by 18 April 2006. Partner Ian McGill and Special Counsel Page Henty explain |
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In 2005, Allens Arthur Robinson acted for the Melbourne 2006 Commonwealth Games Corporation (M2006) in a dispute over the registration of five domain names by a company based in Victoria, Australia. The dispute was decided by the World Intellectual Property Arbitration and Mediation Center (WIPO) in June 2005 and the domain names were subsequently transferred to M2006. Partner Tim Golder, Lawyer Andrew Fuller and Articled Clerk Stuart Hohnen explain |
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A new draft of the GNU General Public Licence clarifies some of the duties imposed on companies that wish to use open source software as part of their own software development. However, it also includes some risks for such users. Lawyer Jesse Gleeson and Partner Michael Pattison report |
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