Issue #57: Free Info, No More
Welcome to the 57th edition of OIA!
Here are the latest 🌶 headlines in APAC:
Ling Yah
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Stop Delaying!
Corporate regulator Australian Securities and Investments Commission (“ASIC”) takes a AUD 20 million shot at Cbus Super for delayed death and total permanent disability (“TPD”) claims.
🍿 What Happened?
In a case that's sending ripples through the superannuation industry, ASIC has launched Federal Court proceedings against Cbus Super for allegedly mishandling over 10,000 death and TPD claims.
At the heart of the matter lies a staggering revelation: more than 6,000 claims—representing over 50% of Cbus' total claims—faced delays exceeding 12 months between September 2022 and November 2024.
The corporate watchdog alleges that United Super, Cbus' trustee, not only failed to properly assess impact reports from its third-party administrator but also neglected its obligation to report these issues to ASIC within the mandatory 30-day window. Adding fuel to the fire, when the matter was finally reported in August and September 2023, ASIC claims the reports were materially misleading.
👀 Guess What?
It’s clear that delays don’t make your problems go away!
Say NO to Unilateral Appointments!
The Supreme Court of India's five-judge constitutional bench has ruled that government entities and public sector units (“PSUs”) cannot unilaterally appoint arbitrators in disputes with private contractors.
🍿 What Happened?
The 179-page judgment tackled the contentious practice where PSUs either appointed sole arbitrators or required private parties to select arbitrators from their curated panels.
Such practices violate Article 14 of the Constitution (right to equality) and a core tenet of the Arbitration Act that arbitration should be conducted by an independent, impartial body.
While PSUs can maintain panels of potential arbitrators, they cannot mandate their use by private parties.
👀 TL;DR
Looks like it’s time for PSUs to modify those now-invalid arbitration clauses!
Wikipedia’s India Problem
In a case that's testing the boundaries of digital platform liability, Wikimedia Foundation (which runs Wikipedia) faces a landmark 20 million rupee ($237,874) defamation lawsuit from Asian News International (“ANI”), India's largest newswire service.
🍿 What Happened?
At the heart of the dispute lies ANI's Wikipedia page, which allegedly portrays the news agency as a "propaganda tool" for India's government and accuses it of distributing content from fake news websites.
The case has already produced two remarkable firsts:
· Wikipedia's agreement to disclose basic information about the users to the Delhi High Court (albeit in a sealed cover); and
· the platform's first-ever takedown of an English-language Wikipedia page.
The stakes escalated when Wikipedia's defense—that it merely provides technical infrastructure while content is managed by anonymous volunteers—came under intense scrutiny, particularly after the court threatened to shut down the website if it didn't comply with disclosure orders.
👀 What This Means
This case could trigger a "chilling effect" on Wikipedia's community-driven model, potentially opening floodgates for similar lawsuits and redefining the delicate balance between platform immunity and content accountability.
Free information, no more?
Spotlight: Polly Pope
From Piha Beach to Maxwell: Polly Pope
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