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Collins On Defamation

Collins On Defamation

  • Author:
  • 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).

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