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Old 30 Mar 2007, 00:00   #33
thetan
BigFooty Apprentice
 
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Join Date: Jun 2006
Location: Melbourne
Re: Anderson slips up on naming drug offenders??

Great pick up.

But, guys, be careful. This isn't a "normal" matter of defamation (ie getting sued).

The Supreme Court of Victoria has placed a permanent injunction on naming the players involved. The threshold for taking legal action here may not be the same as for a civil suit while the penalties are different.

From the judgment by Justice Kellam:

Quote:
... there should be permanent injunctions in each set of proceedings restraining the defendants from publishing or otherwise disseminating any material tending to identify any AFL player who has tested positive on one or two occasions under the AFL Illicit Drugs Policy.
(NB: the ban extends to everyone, not just defendants. Here's a summary of his findings.)

Now, in narrowing the identity of two of the players from 2/700 to 2/9 one might imagine that counts as a "tending to identify". Getting it down to 2/2 would be definitively identifying. So 2/9 has to be a tendency, right?

One could argue that it was Adrian Anderson who "started it" with his slip, but repeating it or pointing it out would presumably still count as "disseminating".

Might be best to check with a lawyer.
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