Owner of Sky News Australia loses court battle with media monitoring firm Isentia
The Australian News Channel – owner of Sky News Australia – has lost a court battle with media monitoring service Isentia over the use of its content.
Australian News Channel – owned by News Corp Australia – has lost its legal case against media monitoring service Isentia, having sought to stop it from giving video clips to government agencies.
The Federal Court battle started in 2021 after the Australian News Channel – which owns Sky News Australia – took action against Isentia over the use of its clips.
The dispute is over whether Isentia, which is owned by UK software firm Access Intelligence, is able to provide extracts of content from Sky News Australia to paying clients, and whether it was entitled to benefit from protection offered under the Commonwealth Copyright Act 1968.
The Copyright Act states published work, including television broadcasts, are “not infringed by the Commonwealth or a state or by a person authorised in writing by the Commonwealth or a state, doing any acts comprised in the copyright if the acts are done for the services of the Commonwealth or State”.
In the court battle, Isentia argued that the relevant section of the Copyright Act does apply to its activities.
On Friday, judge Stephen Burley dismissed the application by the Australian News Channel and ordered the channel to pay the respondent’s costs.
The reasons in the judgment are restricted and pending confidentiality claims by the parties involved in the matter.
Isentia’s chief executive officer Joanna Arnold said in a statement: “We are pleased with this outcome, which vindicates the position taken by Isentia in support of the government’s right to use copyright material in media monitoring activity.
“Isentia has been the proud leader in the media monitoring industry in Australia for over four decades.
“(The) decision is a win not just for our government clients, but all media and communications professionals who support the government in their vital role in our democracy.”
It’s unclear whether the Australian News Channel will appeal the decision. The channel would not comment on the matter.
News Corp Australia is the publisher of The Australian.
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