Legal
Media & Communications Law
Legal support for publishers, broadcasters, corporate communications and content businesses.
Legal Advisory
Full-service commercial legal capability through Corson Fiske ILP.
Overview
How we help.
Media and communications clients navigate an unusually dense legal environment: defamation, contempt, privacy, copyright, classification, broadcasting regulation and consumer law all intersect with everyday editorial and commercial decisions. Getting pre-publication advice right is cheaper than fighting a matter after publication.
Corson Fiske supports media clients through Corson Fiske ILP, acting for traditional publishers and broadcasters as well as digital-native operators, podcasters and corporate communications teams facing content-related issues.
Our experience spans urgent pre-publication advice, defamation defence, regulatory matters and the commercial agreements that underpin content production and distribution.
Capabilities
- Defamation advisory and response
- Pre-publication review
- Copyright, licensing and content clearance
- Broadcasting and telecommunications regulation
- Privacy and surveillance device law
- Production agreements and talent contracts
- Advertising, sponsorship and consumer law
- Crisis and reputation matters
Client Situations
When clients engage us.
The issues that bring clients through our door tend to fall into familiar patterns.
A concerns notice has been received
A defamation matter has been initiated and the response needs to be precise and timely.
Pre-publication review is needed
A sensitive story, investigation or announcement requires legal review before it goes live.
A content rights dispute has arisen
Copyright, licensing or talent arrangements are in dispute.
A reputation issue has emerged
A matter is unfolding in the media that requires coordinated legal and strategic response.
A regulator has opened an investigation
ASIC, the ACCC, a state regulator or an industry body has commenced inquiries. Privileged legal counsel is required immediately.
A counterparty has breached a material contract
A significant commercial relationship has broken down and the legal options — from negotiation through to contested proceedings — need to be assessed.
Outcomes
What you can expect.
- Defensible editorial decisions grounded in clear legal analysis
- Defamation outcomes that protect reputation and minimise exposure
- Clean content rights arrangements
- Resolved reputation issues with minimal collateral damage
Deeper Reading
Key legal considerations for media and communications clients
Media and communications work sits at the intersection of defamation law, copyright, privacy, broadcasting regulation, contempt and consumer law. Each area carries its own technical requirements and procedural traps. The uniform defamation legislation in most states now includes a serious harm threshold, concerns notice requirements, and the public interest defence — changes that have materially affected how matters are run.
For publishers and broadcasters, the practical calculus in most matters is the balance between editorial objectives, legal exposure and commercial consequences. Pre-publication review is the cheapest intervention; post-publication correction is more expensive; contested proceedings are the most expensive by an order of magnitude. Getting the early decisions right is where experienced counsel adds the most value.
Our practice acts on concerns notices, urgent pre-publication review, defamation defence, copyright disputes, regulatory matters and the commercial agreements that underpin content production and distribution.
Questions we are often asked
What is the serious harm threshold?
Since 2021, most Australian jurisdictions require defamation claimants to establish that the publication caused or is likely to cause serious harm to reputation. For corporations that are excluded entities, serious financial loss is the test. This has changed early strategic assessment of matters significantly.
How long do I have to respond to a concerns notice?
The concerns notice procedure requires a prospective defendant to make a reasonable offer to make amends within 28 days of receiving a concerns notice. Failure to respond or make a reasonable offer removes access to the offer to make amends defence. The clock matters.
Can I use AI-generated content without copyright risk?
Australian copyright law requires human authorship for copyright to subsist in a work. Purely AI-generated content is unlikely to attract copyright protection for the user. Separately, AI systems trained on copyrighted material raise distinct questions that are the subject of active litigation globally.
Client Success
Outcomes from recent engagements.
Indicative results from engagements within this practice area. Client details have been anonymised; outcomes reflect actual matters completed by the firm.
$15M
Dispute Resolved
Construction dispute
Acted for a property developer in a contested Security of Payment matter, achieving a $15M favourable settlement on the eve of adjudication.
Property developer
AFSL Granted
90 days
Licensing application
Prepared and lodged an AFSL application for a fintech client that was granted within ASIC’s service standard of 90 days with no requisitions.
Fintech startup
Retained TM
Bad-faith opposition
Section 62A opposition
Successfully opposed a bad-faith trade mark application under section 62A of the Trade Marks Act 1995, protecting a registered Australian consumer brand.
Consumer brand
Why Corson Fiske
Experience where it counts.
Clients engage Corson Fiske because they need advice they can act on — delivered by senior practitioners who understand both the technical detail and the commercial consequences. Every engagement is led by a partner with direct experience in complex legal matters.
Our integrated structure means tax, legal, accounting and advisory questions are resolved within a single firm. For clients operating across Australia, Asia, New Zealand or Asia, our office network in Sydney, Melbourne, Perth, Singapore and Auckland provides consistent advice across jurisdictions.
Our Approach
A refined four-phase method for every engagement.
Corson Fiske applies the same disciplined framework to every matter, regardless of scale. The phases below are not a marketing device — they are the actual structure our partners use to move clients from uncertainty to resolution.
Phase One
01
Understand
A confidential partner-led briefing to establish the facts, commercial drivers, timing pressures and stakeholder dynamics.
- Confidential scoping conversation
- Document and data review
- Stakeholder mapping
- Initial risk identification
Phase Two
02
Analyse
Structured technical and commercial analysis of every realistic option, with a clear view of risks, costs and likely outcomes.
- Technical legal and tax analysis
- Commercial modelling
- Risk-weighted options assessment
- Precedent and market benchmarking
Phase Three
03
Recommend
A written partner recommendation in plain English — not a list of caveats. We stand behind our advice and explain our reasoning.
- Clear written recommendation
- Implementation sequencing
- Stakeholder communication plan
- Contingency and fallback positions
Phase Four
04
Execute
Hands-on delivery of the agreed plan with partner oversight, regular milestone reporting and clear handback at completion.
- Implementation leadership
- Stakeholder engagement
- Milestone tracking and reporting
- Completion review and handback
Key Considerations
What clients need to know.
Engaging external advisors on any significant matter raises practical questions about scope, timing, cost and outcomes. We believe in being straightforward about each of these from the first conversation.
How engagements typically begin
Every engagement starts with a confidential initial conversation — usually 30 to 60 minutes — in which we listen to the situation, ask the questions needed to understand it properly, and share a view on whether and how we can help. There is no charge for this conversation and no obligation to proceed.
How we scope and price work
We prefer fixed-fee or capped-fee arrangements wherever the scope allows. Where the scope is genuinely uncertain — as in contested matters — we agree hourly rates upfront and provide regular fee updates against defined phases. We do not bill for internal discussions, file opening or routine administration.
Who you will work with
Every engagement is led by a partner with direct experience in the matter type. That partner remains your primary point of contact throughout. Specialist colleagues join the team where their expertise is required, but you will never be passed from person to person or find the partner you hired is no longer on the file.
How we handle confidentiality and privilege
All engagements are subject to strict confidentiality. Where legal advice is being delivered, it is provided through our incorporated legal practice and attracts legal professional privilege. We take document security, information handling and communications discipline seriously on every matter.
Get the right advice from Corson Fiske.
Confidential, no-obligation initial consultations with a partner who specialises in complex legal matters.