Seven wins appeal against ACCC case

It’s not too often that a network wins an appeal, but that’s what’s happened in the Federal Court in a case between the Seven Network and the Australian Competition and Consumer Commission (ACCC).

In 2003 and 2004 Today Tonight aired segments on two women, Dymphna Boholt and Sandy Forster, involved in a property investment training program called the Wild Wealthy Women.

In October last year the Federal Court found Seven engaged in misleading and deceptive conduct. Seven was found to have breached the misleading representations section of the Trade Practices Act and was not protected by the so-called publisher’s defence.

But yesterday the full bench of the court overturned the decision on the basis the goods or services referred to were not of a kind supplied by the Seven Network, and therefore the broadcaster did not contravene the Trade Practices Act.

The ACCC has been ordered to pay costs.

Source: The Australian