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AFL Wins Drug Supression Case

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Syd_Magpies_Girl 






PostPosted: Wed Aug 30, 2006 2:16 pm
Post subject: AFL Wins Drug Supression CaseReply with quote

http://news.ninemsn.com.au/article.aspx?id=91388

AFL wins drug suppression case
Wednesday Aug 30 11:39 AEST
The AFL has succeeded in its Supreme Court bid to keep confidential the names of three players who tested positive to recreational drugs.

Fairfax newspapers had challenged the AFL's policy that the identity of such players should remain confidential until they returned a third positive test.

The players in question had twice failed out-of-competition tests undertaken by the Australian Sports Anti-Doping Authority (ASADA).

In his judgment, Justice Murray Kellam rejected all three grounds on which Fairfax said it should be free to publish the names.

He said the company's contention that the names had appeared on websites and were known in AFL circles, and therefore were already public knowledge, had no standing.

A second argument that the players had engaged in criminal conduct and should therefore be exposed also was rejected, as was a third that the public interest would be served by publication of the names.

Under the AFL drugs policy, the identity of the players should only have been known to the AFL's medical officers, their club doctors and ASADA.

Justice Kellam has reserved a decision on costs.

*Courtesy of Ninemsn.com

----------------------------------------------------------------------------

Any thoughts people? Fair or unfair?
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Killbot 



Joined: 14 Oct 2003


PostPosted: Wed Aug 30, 2006 2:36 pm
Post subject: Reply with quote

The horse has long bolted

The night "The Footy Show" showed the names posted on an internet site is when the AFL lost all credibility in fighting this matter

Even now you only need to search in google and you can find the 3 names within 5 seconds

AFL = protecting illegal drug users
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HAL 

Please don't shout at me - I can't help it.


Joined: 17 Mar 2003


PostPosted: Wed Aug 30, 2006 2:40 pm
Post subject: Reply with quote

Tess wrote:
Will this give them the go ahead to hunt the fansites harder?
It could be, but I don't have access to that knowledge.
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Killbot 



Joined: 14 Oct 2003


PostPosted: Wed Aug 30, 2006 2:57 pm
Post subject: Reply with quote

Tess wrote:
Will this give them the go ahead to hunt the fansites harder?


If anything it would be the opposite as the court has decided that stuff posted on the internet is deemed 'not public knowledge' so can be an online free for all
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Sammy Aquarius



Joined: 11 Jul 2006


PostPosted: Wed Aug 30, 2006 3:32 pm
Post subject: Reply with quote

Killbot wrote:
Tess wrote:
Will this give them the go ahead to hunt the fansites harder?


If anything it would be the opposite as the court has decided that stuff posted on the internet is deemed 'not public knowledge' so can be an online free for all



in that case who were those 3 players named?
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Killbot 



Joined: 14 Oct 2003


PostPosted: Wed Aug 30, 2006 3:55 pm
Post subject: Reply with quote

Sammy wrote:
Killbot wrote:
Tess wrote:
Will this give them the go ahead to hunt the fansites harder?


If anything it would be the opposite as the court has decided that stuff posted on the internet is deemed 'not public knowledge' so can be an online free for all



in that case who were those 3 players named?


type 'afl drug cheats' in google
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Sammy Aquarius



Joined: 11 Jul 2006


PostPosted: Wed Aug 30, 2006 4:12 pm
Post subject: Reply with quote

Killbot wrote:
Sammy wrote:
Killbot wrote:
Tess wrote:
Will this give them the go ahead to hunt the fansites harder?


If anything it would be the opposite as the court has decided that stuff posted on the internet is deemed 'not public knowledge' so can be an online free for all



in that case who were those 3 players named?


type 'afl drug cheats' in google


gotta love google.
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DaVe86 Scorpio

Man of Steele


Joined: 08 Oct 2004
Location: Melbourne

PostPosted: Wed Aug 30, 2006 4:21 pm
Post subject: Reply with quote

lol i would not say afl has won anything...we all know who the players are anyway
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Killbot 



Joined: 14 Oct 2003


PostPosted: Wed Aug 30, 2006 4:22 pm
Post subject: Reply with quote

summary of the case

http://www.supremecourt.vic.gov.au/CA256902000FE154/Lookup/Summary/$file/AFL.pdf

take note of the 2nd last paragraph on Page 1 about "internet chat rooms"
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Sammy Aquarius



Joined: 11 Jul 2006


PostPosted: Wed Aug 30, 2006 4:27 pm
Post subject: Reply with quote

so does that mean this site is not considered a public forum and therefore we are allowed to post rumours and innuendo?
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Killbot 



Joined: 14 Oct 2003


PostPosted: Wed Aug 30, 2006 4:30 pm
Post subject: Reply with quote

Sammy wrote:
so does that mean this site is not considered a public forum and therefore we are allowed to post rumours and innuendo?


Basically that is what the judge (under Victorian law) has ruled this morning - this forums and all others are not "public"
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Sammy Aquarius



Joined: 11 Jul 2006


PostPosted: Wed Aug 30, 2006 4:39 pm
Post subject: Reply with quote

Killbot wrote:
Sammy wrote:
so does that mean this site is not considered a public forum and therefore we are allowed to post rumours and innuendo?


Basically that is what the judge (under Victorian law) has ruled this morning - this forums and all others are not "public"



thats interesting. that means the AFL, under Vic Law, had no right to have that hawthorn site shut down the other week.
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Ah Tibor 



Joined: 08 May 2004


PostPosted: Wed Aug 30, 2006 5:04 pm
Post subject: Reply with quote

I don't believe that the three players mentioned in various forums is correct. Seems to me the most obvious three players were chosen.
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London Dave Aquarius

Ješte jedna pivo prosím


Joined: 16 Dec 1998
Location: Iceland on Thames

PostPosted: Wed Aug 30, 2006 5:49 pm
Post subject: Reply with quote

Sammy wrote:
so does that mean this site is not considered a public forum and therefore we are allowed to post rumours and innuendo?


Nope. Post according to our rules. It ain't your arse that will be potentially sued off!

Quote:
Potentially defamatory posts are not to be made on this board. Defamation is any statement that might damage the reputation of another person. Defamatory material posted on the Bulletin Board threatens the well-being of the Bulletin Board and the publisher (Magpies Net) and will be removed without notice. Members who continually post defamatory material will be warned. Their accounts may also be blocked without notice.


from http://www.magpies.net/nick/bb/rules.htm
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Sammy Aquarius



Joined: 11 Jul 2006


PostPosted: Wed Aug 30, 2006 6:09 pm
Post subject: Reply with quote

London Dave wrote:
Sammy wrote:
so does that mean this site is not considered a public forum and therefore we are allowed to post rumours and innuendo?


Nope. Post according to our rules. It ain't your arse that will be potentially sued off!


yeah ofcourse each site has its own rules & regulations that must be followed, thats obvious, just clarifying from a legal point of view in regards to todays court case outcome.
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