What does a “one star” defamatory review cost?

With consumers increasingly relying on on-line reviews about products or services in making purchase decisions, “one star”, “negative” or “fake” reviews can result in serious harm, reputational damage and loss of business. A recent court decision shows how posting a “one star” Google review can be a very costly exercise for reviewers, particularly where the review is defamatory and false or fake. Businesses and individuals subjected to “one star” reviews, can take legal action.

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Compensation for Privacy Breaches (Oct 2022 to July 2024) – Privacy Law Update

In this update, Stephens Lawyers & Consultants provides an overview of the compensation awarded in privacy breach determinations made during October 2022 – July 2024 by the OAIC and some of the factors it took into account in awarding compensation and costs.
With long awaited changes to the Privacy Act now imminent, businesses cannot afford to be complacent about privacy compliance.

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Australian Consumer Guarantees and Warranties: Is Your Business Compliant? – Update January 2024

The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty – with high penalties applying for breach. Fitbit was recently ordered to pay penalties of $11million for making misleading statements about consumer guarantee rights.
Businesses can take steps to minimise the risk of contravention of the Australian Consumer Law relating to consumer guarantees.

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Risk Management: Data Protection and Privacy Compliance – April 2024 Update

The OAIC’s latest Notifiable Data Breaches Report (Jul – Dec 2023) reveals the risk for organisations that outsource the handling of personal information to third party service providers and contractors – as well as risks of retaining personal information for longer than needed. In this Update we review the OAIC’s latest findings and provide guidance on steps an organisation can take to minimise risk and harm and to protect confidential information/data.

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Trade Mark Registration: Is your trade mark ‘distinctive’ or ‘descriptive’?

A recent decision of the Federal Court of Australia highlights the importance of choosing trade marks that are ‘distinctive’ and not ‘descriptive’. The case serves as a timely reminder to businesses to ensure that your trade mark is distinctive and not merely descriptive, if you wish to secure valuable common law and exclusive rights afforded by its use and registration of a trade mark.

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