Collins On Defamation

Author: Matthew Collins
Publisher: Oxford University Press
ISBN: 9780199673520
Published In: March 2014
Format: Hardback , 880 pages
Jurisdiction: Asia, Australia, European Union, U.K., U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Written by the widely respected author of The Law of Defamation and the Internet
Accessible and contemporary commentary on a complex area of the law with authorities and comparative analysis drawn from a broad international research base spanning Europe, Asia, America, and Australia
Coverage of important related causes of action and conflict of laws principles
Logical and easily navigable structure, integrating substantive law and practice
Includes tables of recent damages awards in defamation and misuse of private information actions, an extensive set of precedents for common notices and pleadings, and relevant legislation, including the Defamation Act 2013, reproduced in full and analysed in detail

Written by the widely respected author of The Law of Defamation and the Internet, this book analyses the modern law of defamation in a way that consolidates into a coherent structure its various sources - the common law, earlier statutory reforms, European and other foreign influences, and the changes effected by the Defamation Act 2013.

As well as examining the implications of the 2013 reforms, Collins on Defamation dissects, in context, the very large number of ambiguous and contestable questions of construction in, and possibly unintended consequences of, the new law.

The book draws on authorities from a wide international research base to explain the application of relevant principles, including the principles applicable to multi-jurisdictional publications and actions involving one or more foreign litigants.

As well as providing encyclopaedic analysis of the law of defamation, the work contains detailed coverage of relevant conflict of law principles, and important and emerging related causes of action, including misuse of private information, malicious falsehood, data protection rights, and protection from harassment. Comprehensive tables of recent damages awards, and an extensive set of precedents for common notices and pleadings, are also included.

This book is an essential text for any practitioner in the field.

Readership: Any practitioner working in Defamation Law (slander & libel),

Part I: Introduction
.1.: General Introduction
2.: Preliminary Considerations

Part II: The Cause of Action for Defamation
3.: Libel and Slander
4.: Publication
5.: Identification
6.: Defamatory Meaning
7.: Serious Harm Threshold

Part III: Defences
8.: Truth
9.: Honest Opinion
10.: Absolute Privilege
11.: Duty and Interest Form of Qualified Privilege
12.: Publication on Matter of Public Interest
13.: Fair Report Defences
14.: Peer-Reviewed Statements
15.: Operators of Websites
16.: Innocent Dissemination
17.: Electronic Commerce Regulations
18.: Other Defences
19.: Limitation Period

Part IV: Remedies and Related Matters
20.: Non-Pecuniary Remedies
21.: Damages
22.: Vicarious Liability
23.: Recognition and Enforcement of Judgments Abroad

Part V: European Influences
24.: Jurisprudence of the European Court of Human Rights

Part VI: Conflict of Laws
25.: Jurisdiction
26.: Choice of Law
27.: Proof of Foreign Law

Part VII: Related Causes of Action
28.: Criminal Libel
29.: Malicious Falsehood
30.: Misuse of Private Information
31.: Data Protection Act 1998
32.: Negligence
33.: Protection from Harassment
34.: Other Complaints Mechanisms

Appendices
a: Legislation
b: Civil Procedure Rules, Protocols, and Practice Directions
c: Introduction to American Defamation Law
d: Other Liberalized Defences of Qualified Privilege
e: Damages Awards in Defamation Actions
f: Damages Awards in Misuse of Private Information Actions
g: Precedents

Dr Matthew Collins SC is a barrister based in Melbourne, Australia, who practises in the fields of media, information technology, and commercial law. He is a Senior Fellow at the University of Melbourne, a door tenant at One Brick Court chambers in London, and the author of all three editions of The Law of Defamation and the Internet (OUP, 2001, 2005, 2010).