Key Points
- The media exemption from sections 52, 53, 53A, 55, 55A or
59 under section 65A of the Trade Practices Act is wide.
- But doesn't apply if they are promoting goods and
services of the kind that they supply themselves.
Media in Australia enjoy a safe harbour in the Trade
Practices Act, in section 65A. This says that the prohibitions
on publishing "misleading" information in sections
52, 53, 53A, 55, 55A or 59 generally don't apply to
"a prescribed publication of matter by a prescribed
information provider" (such as a newspaper).
But what does this mean? Last week the Full Federal Court
found that the media safe harbour is quite wide indeed, in
Channel Seven Brisbane Pty Limited v Australian Competition
& Consumer Commission and Alan Bond v Paul Barry.
