Our experienced Technology, Media & Telecommunications 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 technology, media & telecommunications publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Technology, Media and Telecommunications is a dynamic area of growth, with constantly changing opportunities and legislation. For more information, see our technology, media and telecommunications pages.
Technology, Media & Telecommunications Publications
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Queensland Government responds to Costello audit report
09 May 2013
The Costello Commission of Audit Report and the Queensland Government's response last week could transform the State's economy by recasting the way the Queensland public sector interacts with the private sector. Partner John Greig examines the main recommendations and the Government's response.
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Softening the investment rules in Mongolia
23 April 2013
Foreign investment in Mongolia fell away dramatically after the Mongolian Government last year introduced laws regulating foreign investment into strategically important business areas as well as investment by state-owned entities. Now the Government has introduced amendments which soften some of those restrictions in an effort to again encourage inbound capital. Partner David Wenger and Lawyer Anthony Lepere look at the amendments andtheir significance to foreign investors.
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Audio:
Recent developments in Myanmar
09 April 2013
The fast pace of reform continues in Myanmar, creating significant opportunities for foreign investors. Partner Marae Ciantar spoke to BRR Media about the recent and upcoming developments in the oil & gas and telecommunications sectors, and what investors can do to prepare.
Listen - Focus:
Regulating interactive gambling
02 April 2013
In response to a final report into Australia's interactive gambling legislation, the Federal Government has pinpointed harm minimisation and consumer protection as a necessary first step before further reforms can be considered. Partner Ian McGill, Senior Associate Robert Munoz and Lawyer Matthew Tracey examine the scope of the report's recommendations.
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Full Court clarifies online content delivery
28 March 2013
A unanimous decision of the Full Federal Court means that online simulcasts of radio programs are not 'broadcasts', meaning traditional radio broadcasters will need to obtain separate licences from, and pay additional royalties to, copyright owners to transmit radio programs on the internet. Partners Ian McGill and Miriam Stiel and Senior Associate Nathan Shepherd report on the case and its ramifications.
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Audio:
New privacy risks for off shore data disclosures
21 February 2013
About one-third of in-house counsel have named privacy reform as the major issue facing companies in 2013, according to a poll by law firm Allens. Partner Michael Pattison spoke to BRR Media about the reforms and new privacy risks for offshore data disclosures.
Listen - Client Update:
Australia's new cyber security initiative
11 February 2013
The Federal Government plans to establish a cyber security centre by the end of 2013, with the aim of assessing, detecting, preventing and responding to cyber security threats that may affect the Australian Government or industries of national significance. Partner Niranjan Arasaratnam, Senior Associate Michael Morris and Lawyer Andy Gian report.
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Technology triumphs: Google not responsible for misleading and deceptive ads
07 February 2013
The long-running battle with the ACCC over Google's AdWords service has been decided in Google's favour. The High Court unanimously held that Google did not engage in misleading and deceptive conduct by displaying advertisements in the form of 'sponsored links'. Partner Carolyn Oddie and Special Counsel Rebecca Sadleir report on the case, which is positive news for companies involved in the dissemination of information on the internet.
Read More - Linklaters Insights:
EU - Update on the proposed General Data Protection Regulation
14 December 2012
In January 2012, the European Commission proposed a major reform of the European data protection law. It released a policy communication, a draft General Data Protection Regulation and a draft Directive on protecting personal data in criminal and justice matters.
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Major privacy reforms passed
30 November 2012
The Federal Parliament has passed much anticipated reforms that will have a significant impact on the way companies and government agencies collect and deal with various forms of personal information. Partners Michael Pattison and Gavin Smith, Senior Associate Nathan Shepherd and Lawyers Amy Dobbin and Ishwar Singh report.
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Audio:
New era in privacy as Privacy Act changes passed
29 November 2012
The Federal Parliament has today passed legislation to effect a major reform of privacy laws in Australia. Partners Michael Pattison and Gavin Smith spoke to BRR Media about the changes and how businesses should respond.
Listen - Focus:
The new cybercrime regime
27 November 2012
The Federal Government has introduced amendments to Australia's telecommunications regulatory regime that will facilitate Australia's accession to the Council of Europe Convention on Cybercrime. Partner Ian McGill, Senior Associate Valeska Bloch and Lawyer Matthew Tracey examine the impact of these amendments.
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Stronger telecommunications consumer protections
09 October 2012
The Australia Communications and Media Authority has registered a new Telecommunications Consumer Protections Code and has been granted new powers in relation to consumer protection matters. Partner Ian McGill, Senior Associate Valeska Bloch and Lawyer Maryann Muggleston examine the key changes the Code introduces and the implications of these developments for telecommunications service providers.
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Major changes to privacy law endorsed
03 October 2012
A Senate Committee has endorsed changes to privacy law that will have significant implications for most companies and federal agencies. Partners Michael Pattison, Gavin Smith, Senior Associate Nathan Shepherd and Lawyer Ishwar Singh report.
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Sponsorship, news, social media and the Olympics
26 July 2012
How does the International Olympic Committee balance protecting its sponsors' commercial interests while also looking to increase the public's interaction with the London Olympics through social media? Partner Ian McGill and Law Graduate Byron Frost examine the scope and effect of the International Olympic Committee's rules and guidelines on social media and news access.
Read More - Client Update:
Personally Controlled Electronic Health Records Bill passed
25 June 2012
After a rocky journey, federal legislation providing a platform for the creation of an online register of electronic health records has been passed. Senior Associate Michael Morris and Lawyer Andy Gian report
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Why Australian companies should watch out for EU data protection reform
07 June 2012
Changes proposed to Europe's data protection regime, along with incoming Australian legislative reform, may pose challenges for Australian companies operating in Europe. Allens Partner Michael Pattison and Lawyer Nikki Macor and Linklaters Partner Julian Cunningham-Day and Senior Professional Support Lawyer Peter Church report
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Tougher Australian data protection regime
28 May 2012
Amendments to strengthen Australia's privacy regime will create new penalties, increased requirements for procedures and disclosure, and a revamped credit reporting system and will have significant implications for most companies and government agencies. Partner Michael Pattison, Senior Associate Nathan Shepherd and Lawyers Nikki Macor and Margaret Walsh report.
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Audio:
Stronger privacy protections introduced
24 May 2012
The Privacy Amendment (Enhancing Privacy Protection) Bill 2012, which was introduced to Federal Parliament on 23 May, proposes some significant changes to privacy law in Australia. Partner Michael Pattison spoke to BRR Media about some of the changes affecting Australian businesses
Listen - Focus:
Draft auction rules for spectrum reallocation sale released
09 May 2012
The Australian Communications and Media Authority has released draft rules and instruments for the simultaneous auction of the 700 MHz and 2.5 GHz bands that is to take place during 2012-13. Partner Ian McGill, Senior Associate Valeska Bloch and Lawyer Matthew Tracey report on the draft rules and their potential effects for bidders and other interested parties
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Convergence Review recommends wide-ranging reforms
04 May 2012
The Convergence Review Committee's much-anticipated final report has been released. Partner Ian McGill and Senior Associates Victoria Wark and Valeska Bloch, and a team of lawyers from the Allens Technology, Media and Telecommunications practice group, provide an overview of the report's key recommendations, and the potential implications for media and communications industry participants
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Audio:
Major shifts in Convergence Review report
02 May 2012
The Federal Government has released the long-awaited final report of its Convergence Review. Partner Ian McGill spoke to BRR Media about the major changes when compared to the interim report and what happens next
Listen - Client Update:
Time shift exception to copyright overturned
01 May 2012
The Full Court of the Federal Court unanimously overturned the original decision in the Optus TV Now case that had given a very generous interpretation of 'private and personal use' and who 'made' the copies in question. Partner Andrew Wiseman and Paralegal Ashleigh Shand report on the appeal decision that will protect significant revenues for the copyright holders of television broadcasts
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Audio:
Optus TV Now in limbo
27 April 2012
The Full Federal Court has today in a single unanimous decision reversed the lower court's decision in TV Now and found in favour of the AFL, NRL and other rights owners. The Optus service is now in limbo. Partner Andrew Wiseman spoke to BRR Media about the decision and what this means for copyright law in Australia
Listen - Focus:
Is an ISP liable for its customers' copyright infringement?
24 April 2012
In a much anticipated judgment, the High Court unanimously upheld the finding of the Full Federal Court and trial judgment that an Internet service provider was not liable for authorising the copyright infringements of its customers. However, the judgment does not entirely close the door to a finding of authorisation by an ISP. Partner Miriam Stiel and Lawyer Rob Clark report on the decision
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Audio:
iiNet cleared of copyright breach
20 April 2012
The High Court has found that Internet service provider iiNet was not liable for the copyright-infringing acts of its customers. Partner Miriam Stiel spoke to BRR Media about what today's decision means for ISPs and copyright owners
Listen - Focus:
Google held responsible for misleading and deceptive ads
05 April 2012
The Full Federal Court has unanimously upheld an appeal by the Australian Competition and Consumer Commission, concerning Google's AdWords service. It found that Google was responsible for the content of certain misleading advertisements appearing on its website, and that it, therefore, directly engaged in misleading and deceptive conduct. Partners Miriam Stiel and Carolyn Oddie and Special Counsel Rebecca Sadleir report on the decision
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Audio:
E-health bill to stumble post Senate inquiry
21 March 2012
The Senate has released a report on its inquiry into the Personally Controlled Electronic Health Records Bill. Senior Associate Michael Morris spoke to BRR Media about the likely privacy implications of E-health records
Listen - Focus:
Government tables ALRC report of the National Classification Scheme review in Parliament
08 March 2012
The Australian Law Reform Commission's final report on the National Classification Scheme review recommends a new classification scheme in the context of a converged media environment. Partner Ian McGill, Senior Associate Valeska Bloch and Lawyer Maryann Muggleston report on the recommendations of the commission
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The Independent Media Inquiry: enforced self-regulation for media?
07 March 2012
The recommendations of The Report of the Independent Inquiry into the Media and Media Regulation, if enacted, are profound. The Report proposes the establishment of a new independent statutory body, the News Media Council, that would have jurisdiction over news media organisations, whether print, online, radio or television. The new regulator would have power to require a news media organisation to publish an apology, correction or afford a right to reply. Partner Ian McGill and Lawyers Maryann Muggleston and Amy Dobbin report on the analysis and recommendations in the Report
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Audio:
Megaupload lessons for cloud computing users
01 February 2012
The recent closure of the Megaupload site has raised some questions about the use of cloud computing services. Partner Niranjan Arasaratnam spoke to BRR Media about the implications of the case and what businesses using or looking to use cloud computing need to do to make sure their data is secure
Listen - Focus:
Preparing for the spectrum reallocation sale
19 December 2011
The Federal Government is now in the preparatory stages of the auction process for the simultaneous sale of the 700 MHz and 2.5 GHz bands that is to take place during 2012-13. Partner Ian McGill, and Lawyers Valeska Bloch and Matthew Tracey report on the status of the upcoming auction and reallocation process
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Cloud computing - what you need to know
15 December 2011
Cloud computing is one of the fastest-growing global trends in the delivery of IT services, and the Australian Government Information Management Office recently released draft best practice guides that are a useful reminder of what to consider in deciding whether to use cloud computing services. Partner Niranjan Arasaratnam and Lawyers Margaret Walsh and Joelle Vincent report
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Audio:
Media rule convergence begins
15 December 2011
The Federal Government has released its interim report looking into Australia's media arrangements. Partner Ian McGill spoke to Boardroom Radio about the sweeping changes to Australia's current media regulatory system if the report's recommendations are adopted
Listen - Focus:
A newly determined Privacy Commissioner
13 December 2011
The Australian Privacy Commissioner has made its first determination in response to a complaint since 2004. Partner Michael Pattison and Lawyer Margaret Walsh report on this decision, where an organisation was required to pay damages, issue a written apology and provide privacy training to staff
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Privacy Commissioner's tough new approach to information leaks
05 December 2011
The Australian Privacy Commissioner has outlined strict new tactics to deal with companies that are careless with customer or user data. Partner Michael Pattison and Lawyer Luke O'Sullivan report
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Government business enterprises governance reforms
15 November 2011
The Federal Government has released an updated version of the Governance Arrangements for Commonwealth Government Business Enterprises that better reflect contemporary developments in corporate governance policy in the oversight of Government Business Enterprises. Partner Ian McGill, Senior Associate Simon Lewis and Lawyer Maryann Muggleston consider the Government's new approach
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Major Singapore data protection reforms proposed
24 October 2011
A proposed new consumer data protection regime will affect all Singapore business sectors, applying a uniform minimum data protection standard to every industry. Senior Associate Jeremy Chase and Lawyer Henry Fraser report.
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Government consults on new right to sue for invasion of privacy
30 September 2011
Individuals could soon gain the right to sue other individuals and companies over serious invasions of privacy if the Federal Government adopts recommendations in a long-awaited issues paper. The issues paper considers the introduction of a statutory cause of action for invasions of privacy and how to strike the right balance between an individual's right to privacy and other important public interests, such as freedom of expression. Partner Gavin Smith and Law Graduate Rowan Platt explain
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Hong Kong to establish new Communications Authority in the next move towards convergence review
31 August 2011
Hong Kong will establish a new Communications Authority as a unified regulator for both the telecommunications and broadcasting sectors, marking the next stage in the Government's long-awaited review and consolidation of the regulatory regime governing the converging telecommunications and broadcasting industries. Partner David Wenger, Senior Associate Adrian Fisher and Trainee Lawyer Ryan Ho report
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Audio:
Mobile computing - risky for business?
29 August 2011
In a trend known as BYO Computing, employees are increasingly wanting to use their own mobile computer technology for work purposes. Mobile computing can benefit employers, but there are legal risks as well. Michael Pattison and Simon Dewberry speak to Boardroom Radio about the legal issues surrounding mobile computing and how to manage them
Listen - Focus:
Senate reports on Australian Privacy Principles
06 July 2011
The Senate Finance and Public Administration Legislation Committee has released the first part of its report on its inquiry into the legislation giving effect to the new Australian Privacy Principles which, if implemented, may have significant implications for privacy compliance procedures. Partner Dean Carrigan, Special Counsel John Dieckmann, Senior Associate Nathan Shepherd and Lawyer Fiona MacDonald report
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Audio:
Super-injunctions undermined by social media
07 June 2011
Recent events in the United Kingdom have seen super-injunctions being undermined by social media. Partner Miriam Stiel speaks to Boardroom Radio about super-injunctions in a social media world and the lessons Australian businesses can learn from the case
Listen -
Audio:
Facebook data breach, lessons for business
24 May 2011
Facebook has been in the news recently about a privacy breach affecting its members. Senior Overseas Practitioner Gavin Smith discusses how this can happen and what businesses can do to prevent similar data breaches occurring in their organisations
Listen - Client Update:
Warning! Your brand may be associated with adult content!
18 May 2011
xxx domain names will be available for registration in early September. While .xxx domain names are intended for adult content, trade mark holders in other industries will be able to take advantage of a 'sunrise period' to defensively register their trade marks so as to remove the risk of brand-jacking and cyber-squatting. Partner Andrew Wiseman, Senior Associate Jesse Gleeson and Law Graduate Andrew Wilcock look at what is involved
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Audio:
Getting on board the cloud? - what you need to know first
29 April 2011
Businesses are increasingly looking to cloud computing as a cost-effective way of obtaining their information technology. Partner Michael Pattison speaks to Boardroom Radio about the issues businesses will need to address before choosing a cloud computing provider
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Audio:
Journalist protection laws passed by Parliament
28 March 2011
Federal Parliament has passed legislation that shields journalists - and potentially bloggers and others - from having to disclose the identities of their sources. Partner Tim Frost speaks to Boardroom Radio about how the new law will work and what it means for the disclosure of sensitive information
Listen - Focus:
Major implications of new anti-siphoning list
03 December 2010
Proposed changes to the anti-siphoning regime are intensely political and have received widespread media coverage. Partner Ian McGill, Lawyer Victoria Wark and Law Graduate Maryann Muggleston discuss the proposed changes and the implications for broadcasters, rights-holders and 'new' media platforms if the new regime is implemented
Read More - Client Update:
Telecommunications law reform passed
02 December 2010
The new telecommunications law reform has passed the Senate, with amendments. The amendments do not change the legislation's essential thrust, but do increase the transparency and oversight of the structural separation process. Partner Ian McGill, Law Graduate Anna Payten and Summer Clerk Lucinda Clarke report on the Senate's changes
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Audio:
Hurdles remain for anti-siphoning list
29 November 2010
The Federal Government has announced significant changes to the anti-siphoning list that will come into effect on 1 January 2011. Partner Ian McGill spoke to Boardroom Radio about the effect of the changes and the hurdles that remain before they are passed
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