What are the real legal risks for media in 2025? Unpack the impact of the 2025 privacy overhaul, how courts are applying the “serious harm” test, and the use of suppression orders. Explore how to contract safely in the digital age plus take a deep dive into AI’s legal implications for the media and entertainment industry and new editorial liabilities that should concern you. Plus, gain a practical dispute resolution toolkit and insights into strategy, risks and lessons.
Chair: Dauid Sibtain SC, Level 22 Chambers, Preeminent Technology, Media & Telecommunications Senior Counsel, Doyle’s Guide 2025
The latest on defamation and the “serious harm” threshold
Presented by The Honourable Judith Gibson, Judge, New South Wales District Court
- The privacy tort in action
- OAIC Pixel guidance and online advertising
- Proposed reforms: what is on the table and what are the potential consequences?
Presented by Sophie Dawson, Partner, Johnson Winter & Slattery, Leading Technology, Media & Telecommunications Lawyers, Doyle’s Guide 2025
Drawing on his extensive experience in high-profile and complex civil liberties litigation, Andrew Boe unpacks recent Federal Court cases involving section 18C of the Racial Discrimination Act.
- This session explores how media outlets may be exposed to discrimination claims when reproducing or commenting on controversial third-party content, and what it takes to successfully invoke the section 18D exemption for fair, balanced, and good faith reporting.
Presented by Andrew Boe, Barrister, Black Chambers
Presented by Nicholas Kraegen, Special Counsel, Baker & McKenzie
Attend and earn 7 CPD units including:
6 CPD units in Substantive Law
1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories
- Discussion regarding the prevalence of suppression or non-publication orders in different jurisdictions
- Recent cases and decisions on emerging grounds for the making of suppression or non-publication orders
- What next in this space?
Presented by Justin Quill, Partner, Thomson Geer
Chair: Kevin Lynch, Partner, Johnson Winter & Slattery; Best Lawyers 2022, Defamation and Media Law
- Regulating AI: international trends and implications for media and entertainment in Australia
- International case law developments in AI and copyright; and
- International case law developments in AI and defamation.
- NewsGPT and beyond: contracting, IP risk and compliance in AI-generated content
- AI, algorithms & editorial integrity: navigating the legal limits of automation in media production and newsrooms
- Australia’s AI regulatory landscape vs global standards: implications for media and content platforms
- Content moderation, takedown protocols and emerging risks
Panellists include:
Robert Todd, Partner, Ashurst, Leading Technology, Media & Telecommunications Lawyers, Doyle’s Guide 2025
Marlia Saunders, Partner, Thomson Geer, Leading Contentious IP Lawyer, Doyle’s Guide 2025
Rebecca Dunn, Partner, Gilbert + Tobin - Leading Contentious IP Lawyer, Doyle’s Guide 2025
Gina McWilliams, Senior Legal Counsel, News
Ray Sun, Senior Associate, Herbert Smith Freehills Kramer, AI Developer, LinkedIn Top Voice in AI, Australian Lawyers Weekly 30 Under 30 2023
- Mediation, expert determination, neutral evaluation and arbitration post-Voller and Stage 2
- Strategy and risk: navigating litigation with commercial, reputational and ethical considerations in mind
- Managing sensitive disputes: confidentiality and pre-litigation resolution
- When to settle, when to fight: deploying ADR in defamation, copyright and privacy claims
- Ethical pressure points: privilege, client instructions, and managing SRLs
- Lessons from recent media disputes: What in-house teams need to know
Presenters
Marlia Saunders, Partner, Thomson Geer
Marlia is an experienced media/entertainment, intellectual property and privacy lawyer who has extensive top-tier law firm expertise and a unique client perspective after working as a senior in-house lawyer for many years. She recently joined national firm Thomson Geer as a Partner after working as the Senior Litigation Counsel at News Corp Australia for four years. Marlia previously worked at a top-tier international firm for 13 years where she acted for and advised most of Australia’s major media organisations, social media and streaming platforms, large corporates and government bodies. Marlia specialises in defamation, contempt of court, suppression orders, freedom of information and court access applications, confidential information claims, prepublication advice, copyright, consumer law and privacy matters. She has acted in a large number of high profile media and intellectual property disputes; advised on sponsorship, production and licensing deals; and given prepublication advice in relation to newspaper and online articles, television programs, podcasts and marketing/advertising materials. Marlia is on the Executive Committee of the Communications and Media Law Association.
Raymond Sun, Senior Associate, Herbert Smith Freehills Kramer
Raymond is a technology lawyer and programmer. He specialises in emerging technologies where he combines his strong technical IT skills with legal knowledge to deliver excellent client experience, especially on technically-complex matters. As an AI developer himself, Raymond is one of the firm’s resident experts on artificial intelligence. Raymond specialises in technology, emerging technology (A.I. and Digital Assets), privacy law and intellectual property. As a skilled developer, Raymond regularly assists on matters which require deep understanding of technical systems and processes. With experience in building artificial intelligence and web3 applications, Raymond advises clients on legal and ethical issues in relation to projects involving artificial intelligence, blockchain (including cryptocurrencies, NFTs and DAOs) and data. Raymond also regularly works with a wide range of clients (both small and large) on digital transformation projects, IT & telecommunication contracts, software licences, privacy and online safety regulation, gambling regulations and export controls.
Andrew Boe, Barrister, Black Chambers
Andrew Boe is a barrister who has appeared in trial courts in most jurisdictions of Australia and in appeal courts in NSW, Queensland, Western Australia, the Northern Territory and in the High Court. Prior to coming to the Bar in 2009, Andrew operated law practices in Brisbane, since his admission in 1989. Andrew specialises in the criminal jurisdiction however, he has also appeared in administrative law, family law and child protection cases, coronial Inquest. commissions of inquiry and defamation trials.
Rebecca Dunn, Partner, Gilbert + Tobin
Rebecca is a partner in Gilbert + Tobin’s Tech & IP group and an experienced litigator in intellectual property and media law. She specialises in copyright, defamation, trade mark litigation, and Australian Consumer Law, with particular expertise in the online space. Her enforcement work spans national and international clients in the film and music industries, and she has litigated in the Supreme and Federal Courts, including at the High Court of Australia. Rebecca serves as President of the Communications and Media Law Alliance and is a member of several professional societies. She holds a Bachelor of Law (First Class Honours) from the University of Sydney, a Bachelor of Arts from the University of Newcastle, and a Master of Research focused on social media law and democracy.
Dauid Sibtain SC, Level 22 Chambers
With over 25 years’ experience at the Bar, Dauid maintains an expansive practice, with particular expertise in media, building and construction, commercial, and intellectual property matters. His considerable experience as a trial and appellate advocate before both judges and juries, has seen him appear in significant litigation in the High Court of Australia, New South Wales Court of Appeal and in other superior courts. He is regularly engaged to appear in urgent applications and frequently advises and appears for high profile clients, on instruction from both solicitors in private practice and directly from in-house corporate legal departments. Dauid was recognised as Preeminent Counsel in 2022, and as Leading and Recommended Counsel between 2018 and 2021, in Doyle’s Guide for Leading Technology, Media & Telecommunications Junior Counsel, NSW. He was also recognised in 2022 as Recommended Counsel in Doyle’s Guide for Leading Intellectual Property Junior Counsel, NSW and as a leading trade mark professional in World Trademark Review between 2016 and 2019.
Sophie Dawson, Partner, Bird & Bird
Sophie is a Media, Entertainment and Technology partner with extensive intellectual property, privacy and disputes experience. Sophie’s copyright experience includes acting for Nine Entertainment in litigation in which it successfully resisted an interlocutory injunction application by another media organisation in relation to a reality television cooking show, acting for two of the world’s leading computer games companies in relation to authorisation by modders of copyright infringement by end-users of popular computer games. She has also acted for IT companies in relation to strategic intellectual property issues arising in contentious matters. Sophie also acted for Samsung in relation to its 3G Telephony patent claim against Apple. Sophie is recognised as a leading TMT: Media lawyer in directories including Legal500 and Chambers AsiaPacific. She is co-author of Thomson Reuter’s Media & Internet Law & Practice and is a member of the advisory board of the UTS Centre for Media Transition.
Justin Quill, Partner, Thomson Geer
A self-confessed media junkie, Justin has always had a keen interest in journalism and the media, almost becoming a journalist himself. Now he not only advises on every aspect of media, but is called on as an expert commentator. Thrust into a senior role early in his career, Justin has gained experience in media law that is beyond his 20 plus year career length. However, knowing the law is one thing; Justin’s ability to know how to utilise this knowledge is what really sets him apart. His passion for free speech motivates him to work hard for his clients and his love of the subject means he has developed a deep understanding of the importance of his clients’ right to publish. This makes him the choice of high profile clients and organisations when these principles and livelihoods are at stake.
Kevin Lynch, Partner, Johnson Winter & Slattery
Kevin has over twenty years’ experience in advising media and technology companies in relation to defamation, contempt, privacy, legislative restrictions, broadcast regulation, copyright, contractual matters and trade practices. With the JWS team Kevin provides dedicated defamation and pre-publication advice to prominent online, radio and television clients, including multinational media distributors and publishers. The 2020 edition of the Asia Pacific Legal 500 lists Kevin listed as a leading individual in media and entertainment where he is described as “a valued adviser, bringing exceptional experience, grounded assessment of claims and commercially-based advice across a range of specialised areas”. Chambers and Partners ranks Kevin as a notable practitioner – “an experienced and extremely capable lawyer who takes a very commercial approach to his matters”.
Robert Todd, Partner, Ashurst
Robert Todd has been consistently recognised as a Leading Individual in media law by Chambers Global, 2011, Euromoney's Guide to the World's Leading Media Lawyers, 2010 and Best Lawyers Australia, 2010. He is a recognised defamation, media and IT disputes lawyer. Robert is an accredited mediator. His practice is also focused on advising clients on information technology, e-commerce and commercial disputes. Robert advises a major national newspaper publisher, several national broadcasters, an international search engine provider and international IT suppliers. He has acted for the combined media on law reform and proposed legislation.
Gina McWilliams, Senior Legal Counsel, News
Gina started her legal career at Edwards Wallace (now defunct) in Perth before moving to Sydney in 2005. Apart from a short stint at Ashurst Australia, she has worked in-house at News Corp Australia ever since and likes to quip that they will one day cart her out of Holt Street in a pine box. Gina has worked on defamation matters large and small including Kostov v Nationwide News Pty Ltd; suppression and access matters including Hogan v Australian Crime Commission; and, in between, advises her print and online clients on all matters media related. She does nothing interesting in her down-time but was delighted to be part of the team awarded the 2021 June Andrews Walkley Award for Women’s Leadership in Media for their work on the #LetHerSpeak/#LetThemSpeak campaign.
Nicholas Kraegen, Special Counsel, Baker & McKenzie
Nick is a Special Counsel in the Media and Content team, within the IPTech practice and acts on a variety of commercial, advisory and litigious matters. Nick advises and represents a range of clients in the media and publishing, IT, communications, and FMCG industries, including in relation to intellectual property (with a strong focus on copyright) and advertising law. Acting for licensees in the Copyright Tribunal has been a significant part of his practice in the last several years. Prior to joining Baker McKenzie he worked in-house at NineMSN, now Nine Digital. Nick's work also focuses on copyright enforcement strategies in a digital context, and he has represented a range of international and domestic rightsholders in anti-piracy proceedings.