Holding Redlich is a leading provider of innovative, high quality and responsive legal advice and solutions to the Australian communications sector
The communications sector, encompassing telecommunications, media and digital technologies, is constantly evolving and changing.
In Australia, we are witnessing the rapid merging of content and communications technologies, the emergence of online platforms opening up a global marketplace and the ever increasing availability of over-the-top (OTT) services. Australians have embraced these changes with enthusiasm. And we are only at the beginning of the evolution that will be created by the Internet of Things, the advent of 5G and the emergence of, amongst other technologies, virtual reality and bots.
This evolution creates exciting opportunities to innovate business models, provide differentiated products, access new markets and enhance customer service. But it also brings with it risks. Businesses need knowledgeable and commercially astute lawyers to work with them to stay ahead in this complex environment and to assist them in overcoming obstacles – providing cutting edge advice, guidance and solutions across a broad range of areas, including regulatory and competition law advice, M&A, JV and strategic partnership structuring and negotiations, data protection, privacy and cybersecurity advice, protection of intellectual property and dispute resolution.
At Holding Redlich we combine our knowledge of the law with our experience of the Australian regulatory environment, our relationships with Government agencies and regulators and our commercial acumen to assist our clients. We are experienced in advising all types of businesses in the communications sector, from start-ups to well established companies, recognising the different needs of each business.
Our expertise includes:
We have decades of experience in advising advertising agencies and marketing consultancies of all sizes, including Australia’s largest advertising and communications group Clemenger BBDO, on every aspect of their business.
We advise on client agreements, confidentiality, competitions and trade promotion lotteries, competition law, employment issues, intellectual property including copyright and trademarks, privacy and data protection, and compliance with every law and regulation applicable to the communication of advertisements to the public in Australia including the advertising codes administered by Ad Standards, the Australian Consumer Law, and classification by Free TV Australia.
Our aim is to assist our clients to achieve the creative objectives of an advertising or promotional campaign while full complying with Australian legal and regulatory requirements, and we have particular experience in advising on the adaptation of global advertising campaigns to comply with local laws, regulations and codes.
Broadcasting and content delivery (across films, free-to-air television, subscription television and all types of online content) is heavily regulated in Australia with, to date, limited regulatory change to reflect changing business models and consumer behaviour.
We have expertise in working with the two regulators, the Australian Communications and Media Authority (ACMA) and the Australian Competition and Consumer Commission (ACCC). We have successfully handled interactions with these regulators on behalf of our clients, including in obtaining approvals and consents required for the operation of their businesses. We are also able to work with you to resolve regulatory disputes in a measured and appropriate way.
In addition to our regulatory expertise and experience in advising on compliance with relevant laws, regulations and codes, Holding Redlich has extensive transactional experience, including in advising on structuring and negotiating M&A transactions and strategic alliances and content arrangements.
Anticipated changes to Australia’s media control and ownership laws, as contained in the Broadcasting Services Act 1992 (Cth), may bring increased M&A activity in this area. We can assist you in structuring transactions and navigating any required competition law issues and approvals, including with respect to the soon to be updated ACCC Media Merger Guidelines.
Although we are able to assist in minimising the likelihood of litigation, we have also successfully acted for our clients in this area in legal proceedings at all levels of the Australian court systems.
We also provide expert advice to publishers, advertising agencies and advertisers on the issues relevant to the communication of content to the public, including consumer law, copyright, defamation and the advertising industry codes. Our clients include some of Australia’s largest and most successful advertising agencies and marketing consultancies and our services for them include providing training for their staff and establishing compliance programs.
The Australian Consumer Law (ACL) is the cornerstone of Australia’s consumer protection regulation, including in the areas of advertising and marketing law. The ACL also has extensive application to general commercial dealings and transactions. The Telecommunications Act also imposes consumer protection obligations on telecommunications retail service providers, including through the Telecommunications Consumer Protection Code, which is in place under Part 6 of that Act.
Holding Redlich regularly advises on consumer protection laws, including in establishing compliance regimes and providing structuring and contractual advice. We have in-depth experience in handling consumer law disputes, navigating the misleading and deceptive conduct provisions of the Competition and Consumer Act and in dealing with the primary Australian consumer law regulator, the ACCC.
We have a depth of experience in the areas of copyright, trade marks, designs, domain names and confidential information. We regularly assist clients in conducting IP audits. We are experienced in putting in place contractual arrangements, including trademark and other licensing agreements, as well as in the enforcement and protection of intellectual property rights, including the conduct of litigation to obtain necessary remedies for our clients.
Malicious cyber activity is estimated to cost Australian businesses over $1 billion per annum. The threats from this type of activity, including distributed denial of service attacks, phishing, data theft and ransomware, are likely to increase over time. We are able to assist you in putting in place a cybersecurity strategy to ensure that you are able to limit the risk of adverse consequences arising from such activity.
Attached here is a brochure outlining our experience and the assistance we are able to provide.
The effective collection, protection and use of data, particularly personal information, is critical in the communications sector. Australia has a complex regulatory regime in this area, which continues to change. Regulation is contained not only in the Privacy Act 1988 (Cth), but also in the Telecommunications Act 1997 (Cth), as well as other legislation, regulations and codes.
Holding Redlich has extensive experience enabling it to assist clients in putting in place compliance processes and systems to collect, protect and use personal data in compliance with these laws and to mitigate the broader risks in this area. We are able to undertake audits to ensure that your systems comply with all relevant regulations and best practice.
We can assist you to implement strategies to minimise adverse outcomes if things do go wrong, including to manage reputational issues and to help you navigate regulatory requirements, including the new mandatory data breach notification scheme to be implemented under the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).
We will proactively work with you in dealing with relevant regulators, including the Office of the Australian Information Commissioner.
Attached here is a brochure outlining our expertise in assisting clients to use and manage their data assets.
Defamation in Australia is governed by substantially uniform legislation in each State and Territory as well as the common law. Holding Redlich is experienced in advising publishers and broadcasters on defamation issues and in acting for plaintiffs and defendants in defamation proceedings.
Our IT clients include vendors and purchasers across a broad range of industries, e-tailers, Government departments and agencies and technology users of all types and sizes.
We are experts in drafting and advising on agreements for IT services (including cloud-based services) and for the licensing, maintenance and support of software, including the provision of online applications and hosting services. Our lawyers apply their extensive legal and industry knowledge to ensure that contractual arrangements and structures protect our clients and achieve their desired commercial outcomes. Our transaction experience includes large and complex system implementation and integration structuring arrangements.
We also provide strategic advice to clients regarding IT and project-related disputes and we are experienced in resolving disputes as efficiently as possible through negotiation, mediation, arbitration and litigation.
Our list of production credits on major local and international film and television projects is extensive and impressive. We have acted for and advised a significant proportion of Australia’s screen producers, broadcasters and government agencies, including Screen Australia, Screen NSW, Film Victoria, Screen Queensland, the Australian Children’s Television Foundation, the Australian Centre for the Moving Image, the Australian Film Television and Radio School and the National Film and Sound Archive.
Please click here to view our brochure on Australian Screen Production Incentives and Official International Co-Productions.
Telecommunications infrastructure encompasses not only physical networks but – for mobile and wireless networks - spectrum, a key enabler of communications services. We can help you navigate the complex, and changing, regulatory regime for operation and access to networks and licensing of spectrum.
We can assist you to obtain any necessary licences required for your business and to comply, in the delivery of retail telecommunications services, with the requirements of the Telecommunications Act and the numerous codes and regulations under that legislation.
Our experts are able to structure and negotiate relevant contractual arrangements, including for peering, data and call centres and colocation agreements.
12 September 2018 - Knowledge
A recent decision of the Ad Standards Community Panel serves as a reminder to advertisers that advertisements should not depict an activity which would breach a law in any Australian State or Territory in which the advertisement is broadcast.
11 September 2018 - Knowledge
From 1 September 2018, any foreign person with an interest of 2.5 per cent or more in an Australian media company must notify the Australian Communications and Media Authority.
21 August 2018 - Knowledge
The Australian Competition and Consumer Commission (ACCC) has, as permitted in accordance with Part 5 of Schedule 1 of the Telco Act, implemented a Facilities Access Code, which first took effect in 1999 setting out both operational and administrative procedures...
15 August 2018 - Knowledge
The telecommunications services that are available to Australian consumers are many and varied, reflecting rapid and ongoing changes in technology. This article looks at the question of whether Australia’s telecommunications consumer safeguards regulatory framework provides adequate and appropriate protections in this changing landscape.
08 August 2018 - Knowledge
In a significant development in defamation law, the District Court of South Australia has held that a person can be held liable for the defamatory comments made by other social media users following that person’s original social media pos
02 July 2018 - Knowledge
Actress Rebel Wilson has been ordered to hand back more than $4.1 million of the damages originally awarded to her in defamation proceedings against Bauer Media after the Victorian Court of Appeal overturned her record defamation payout last month.
20 June 2018 - Knowledge
The Victorian Court of Appeal has overturned actress Rebel Wilson’s record defamation payout, reducing the award of more than $4.5 million in damages to $600,000...
26 February 2018 - Knowledge
There is a plethora of regulation that governs advertising of gambling services at both a State/Territory and federal level in Australia. The intent of this note is not to consider those existing...
05 February 2018 - Knowledge
2018 is likely to be an interesting year for regulation of the Australian communications sector with, amongst a myriad of other initiatives, the Government scheduled to finalise its re-write of Australia’s radiocommunications legislation...
18 January 2018 - Knowledge
In October 2017, the Government passed legislation reforming Australia’s media ownership regulation, repealing the “75% reach” and “2 out of 3” rules...
08 January 2018 - Knowledge
As discussed in our earlier briefing the Australian Competition and Consumer Commission (ACCC) determined in October 2017 that it would not declare a wholesale mobile roaming service under Part XIC of the Competition and Consumer Act 2010 (Cth) (CCA) at the current time.