In this episode of Jackson McDonald's Counsel Connect podcast, host Marcus Pullen speaks with Dr Michael Douglas, author and barrister at Francis Burt Chambers, about corporate reputation and what in-house counsel can do to protect it, with a particular emphasis on defamation law in Western Australia and how it differs from other Australian jurisdictions.

The discussion covers the impact of AI, social media and online communications, the increasing prevalence of defamation litigation, and why Western Australia remains a plaintiff-friendly jurisdiction. Dr Douglas shares practical guidance on responding to concerns notices, managing reputational risk, and balancing legal strategy with commercial outcomes.

This episode offers valuable insights for in-house counsel, executives and business leaders navigating reputation management and corporate communications in a fast-moving digital landscape.

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

Want to be a guest in a future episode or have a topic you want us to cover?

Email us at: ⁠⁠[email protected]⁠

LinkedIn: ⁠⁠www.linkedin.com/company/jackson-mcdonald⁠⁠

Website:⁠ ⁠www.jacmac.com.au⁠

Connect with Marcus Pullen: ⁠https://www.linkedin.com/in/mjpullen/⁠

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

Chapters:

(0:00) Meet Dr. Michael Douglas, Francis Burt Chambers

(1:00) What is defamation? The three core elements

(3:45) Why defamation litigation is on the rise in Western Australia

(7:36) Receiving a concerns notice: what to do in the first 24–48 hours

(9:00) Who can sue and who can be sued?

(10:12) What is a concerns notice and why does the 28-day window matter

(13:24) Is fighting a defamation case actually worth it? Damages vs. costs

(15:27) The power of apology

(17:36) What makes a retraction or apology legally effective?

(18:45) Key defences

(20:39) The true human and financial cost of going all the way to trial

(22:12) Corporate reputation in an ESG and digital world

(24:36) Where does reputational risk actually originate for organisations?

(26:51) Beyond defamation

(32:36) Internal comms and disciplinary processes

(39:24) AI-generated content and defamation

(41:54) Final takeaways for in-house counsel on managing reputational risk

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

Produced by ⁠⁠Podwave Studios⁠⁠

Music from #Uppbeat

https://uppbeat.io/t/light-prism/faded-beams

License code: BLWBQNZFIFV4LLLN