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Comparative Privacy and Defamation

Comparative Privacy and Defamation

Author: András Koltay; Paul Wragg
Publisher: Edward Elgar Publishing
ISBN: 9781788970587
Published In: July 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 3,068.00

HKD 2,975.96 Save HKD 92.04 (3%)

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Description
Contents

Details

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners.

Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten. Containing contributions from expert international scholars, this comprehensive Handbook investigates the liability of internet intermediaries in cases of defamation and the emerging problem of global injunctions before concluding with eight country focussed studies.

Engaging and accessible, this Handbook will be a key resource for students and scholars researching in the fields of privacy and defamation law, internet and technological law and information and media law.

Introduction

Paul Wragg and András Koltay

Theoretical considerations

1. The origins and development of the right to privacy

John Campbell

2. Privacy and incrementalism

Thomas D.C. Bennett

3. Theories of reputation

Jan Oster

4. Separated by a common language: The anti-paternalism principle in US and English defamation and privacy law

Paul Wragg

Privacy laws compared

5. Weighing content: Can expression be more or less important?

Categorical or case by case balancing and its (respective) disposition to rank relevance of communication

Matthias Cornils

6. What is it the public has a right to know? The right to privacy for public officials and the right access to official documents – European and Swedish perspectives

Jane Reichel

7. Do we need to separate privacy and reputation? USA, Europe and Korea compared

Kyung Sin Park

8. Public Image (Un)Limited: Privacy rights of the photographic subject in England and New York compared

Rebecca Moosavian

9. What newsworthiness means

Amy Gajda

10. Defamation by photo-manipulation under New Zealand law

S. Che Ekaratne

Data protection

11. A European and German perspective on data protection law in a digitised world

Sebastian Bretthauer

12. Right to be forgotten in the global information economy

Joanna Kulesza

13. Enforcing privacy through individual data access rights – a comparative study

Rolf H. Weber and Dominic N. Staiger

Defamation laws compared

14. Defamation: A half-century of changes (more or less)

Russell L. Weaver

15. A comparative analysis of the treatment of corporate reputation in Australia and the UK

Peter Coe

Defamation, PRIVACY and New technologies

16. Liability of Internet intermediaries for defamation: Beyond publication and innocent dissemination

David Rolph

17. Defamation on the Internet: The role and responsibilities of gatekeepers

András Koltay

18. Privacy, remedies and comity: The emerging problem of global injunctions and some preliminary thoughts on how best to address it

Ron Krotoszynski

Country chapters

19. Free speech and the rights relating to the personality involving politicians in French law

Guilhem Gil

20. Italian defamation and privacy law from a comparative perspective

Vincenzo Zeno-Zencovich

21. Canadian defamation and privacy law in comparative context

David Mangan

22. Privacy and defamation in Australia: A post-colonial tango, or the operation of privacy and defamation in Australia without formal constitutional free expression protections

Mark Pearson and Virginia Leighton-Jackson

23. South Africa’s reasonable publication defence and the United Kingdom’s public interest defence: Two sides of the same coin?

Dario Milo

24. Defamation and privacy law in Japan – from a comparative perspective

Jun Shimizu

25. The Chinese defamation law four decades on (1979–2019): Legal rules versus political uncertainties

Mei Ning Yan

Index