Defamation reform for search engines and social media

The Attorney General has invited Australians to have their say on new defamation reform proposals pertaining to search engines and social media sites. Australia’s uniform defamation legislation was drafted 18 years ago. As such, the Meeting of the Attorney General has agreed to release the exposure draft amendments to the current review of the Model …

OAIC reiterates compliance with privacy laws and facial recognition technology

The consumer advocacy group CHOICE is referring major retailers such as Bunnings, Kmart, and The Good Guys to the Office of the Australian Information Commissioner (OAIC) over the use of facial recognition technology. CHOICE conducted an analysis of the 25 largest retailers in Australia and discovered that the aforementioned businesses were using facial recognition technology …

Australian Border Force under scrutiny over data collection

It has been revealed that the Australian Border Force (ABF) may have potentially searched over 40,000 devices from foreign travellers in the last five years. The ABF acts as the first point of contact for travellers entering into Australia. ABF inspections are primarily done for national security purposes. Amongst their examinations, the ABF can search …

Consumer Policy Research Centre releases Duped by Design report

The Consumer Policy Research Centre (CPRC) has released its “Duped by Design” report that discusses consumer choice manipulation on websites and apps online. Much of modern online content has been tailored and specifically designed to manipulate or deceive consumers into specific thought patterns. This is referred to as dark patterns. Dark patterns prey on consumers’ …

ACCC institutes proceedings against Airbnb

The Australian Competition and Consumer (ACCC) has instituted proceedings against Airbnb in the Federal Court over misleading user prices. The ACCC has alleged that Airbnb, the popular short-term rental platform, misrepresented prices to Australians by showing US dollar prices whilst on the Australia version of Airbnb. Due to the change in currency price, Australians were …

Nike sues StockX over first NFT trademark infringement

Nike Inc has initiated the first non-fungible token (NFT) trademark infringement lawsuit against StockX. NFTs refer to one-of-a-kind digital assets that exist on the blockchain. Unlike other cryptocurrencies such as Bitcoin, each NFT is distinct and cannot be replicated. By existing on the blockchain, NFTs have a proven and recorded ledger of ownership. NFTs first …

Federal Court rules against a company for inadequate cybersecurity control

The Federal Court has issued a landmark decision regarding inadequate cybersecurity measures within a corporation. In this case, RI Advice was held to be in breach of the Corporations Act 2011 (Cth) for failing to implement appropriate cybersecurity measures. RI Advice is a financial planning company that has been subject to nine cyber attacks between …

Mastercard’s ‘smile to pay’ system raises privacy and security concerns

Mastercard is introducing its new ‘smile to pay’ system whereby consumers can pay with their biometric data. Biometric technology has increasingly become more popular, being used in services such as Apple’s FaceID, Apply Pay, and airport smart gates. To gain a foothold in the biometric market, Mastercard is pushing for its new system where users …

Liability for autonomous vehicles

When a Tesla vehicle injured a Melbourne pedestrian whilst in autopilot mode, the question arose as to who is responsible when autonomous vehicles crash? Self-driving cars are exponentially gaining adoption in Australia. However, the law has not yet caught up with the technology. Modern negligence case law has determined that a manufacturer is responsible for …

New Therapeutic Goods Advertising Code drops on online influencers

The Australian medical regulator announced the new Therapeutic Goods Advertising Code (Code), banning online influencers from receiving any rewards for promoting products. The Code is designed to impart higher ethical standards for advertising health goods online. The health and beauty sector of the internet has been previously dominated by spruiker online influencers on Facebook and …