Media / Entertainment Law

The Law of Defamation and the Internet, 3rd Edition

By Matthew Collins
Oxford University Press January 2011

Specifications

ISBN-13
9780199590797
Publisher
Oxford University Press
Publication
January 2011
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • An eagerly awaited new edition of a work frequently cited throughout the common law world and widely acclaimed for its helpful insights and systematic approach to a fast-moving area of the law
  • Remains the only work to give comprehensive coverage of defamation law as it relates to the Internet and new media
  • Conveys complex legal concepts in an accessible and readily comprehensible way, including analysis of relevant principles of jurisdiction and choice of law
  • Authorities are drawn from a wider research base than the previous edition, and focus particularly on the UK, the US, Europe, Australia, Canada, New Zealand, and Ireland
  • Practical examples assist in understanding how to apply the law
  • Intuitive and logical structure, extensive index, and use of cross-referencing enable readers to find information quickly and accurately

New to this edition

  • The text has been comprehensively updated to take account of new developments in the field
  • Includes coverage of all significant recent online libel cases including Times Newspapers v UK, Bunt v Tilley, Metropolitan International Schools v Designtechnica Corp, Budu v BBC
  • Incorporates analysis of Australia's new uniform defamation laws, the new Irish Defamation Act, American libel terrorism legislation, and the revised Lugano jurisdiction Convention
  • Coverage of general principles of defamation law has been significantly expanded, including Reynolds privilege and related developments, staying proceedings for abuse of process, the implications of the ECHR and the Human Rights Act for principles of defamation law, and reputation as an aspect of the right to private life
  • Includes a comprehensive digest of all significant damages awards in Internet defamation cases in the UK, Australia, Canada, and NZ since 2005

The Internet has revolutionized the way in which we communicate. We take instantaneous, affordable, global communication for granted. With the remarkable benefits the Internet confers, however, come concomitant dangers and abuse. The Internet is, at the same time, a bulwark for global freedom of expression, and a medium of potentially limitless international defamation.

The once sharp lines between the old and new media are blurring faster than could have been imagined a few short years ago. Television, radio, telecommunications, and the print media are increasingly delivered via Internet protocols. Mobile telephones, laptop computers, and the new generation of handheld devices provide always-on Internet access. The Internet is converging with, or displacing to a greater or lesser degree, and at an incredible pace, every other form of communication.

The law of defamation and the Internet has thus become, in a very real sense, the modern law of defamation.

The original edition of The Law of Defamation and the Internet (2001) was the first text to analyze comprehensively the application of common law principles of defamation law to material published online. It quickly became the standard text for media and information technology practitioners and students seeking to understand this novel area of the law, a reputation cemented by the second edition (2005). The book has been widely cited and attracted praise throughout the common law world for its clarity and practical approach; its thorough treatment of the law; its use of international comparative material; and its analysis of relevant principles of jurisdiction and choice of law.

The third edition takes The Law of Defamation and the Internetto a new level. As well as comprehensively updating the burgeoning law in the field, the coverage of general principles of defamation law has been significantly expanded. The research base has been widened to include more extensive coverage of authorities from jurisdictions including Canada, New Zealand, Ireland, Hong Kong, Malaysia, and Singapore. Other new features include expanded coverage of American law and an appendix of significant damages verdicts in Internet defamation actions. The new edition is an indispensable resource for all practitioners and students of defamation law.

Readership: Solicitors in media and IT law departments; barristers specializing in libel and IT law; in-house lawyers in publishing companies and companies which undertake electronic commerce; advisers to universities which have their own publishing undertakings; electronic commerce/publishing consultancies; academics; students; legal and academic reference libraries.

Table of Contents

I The Internet Revolution
1: General Introduction
2: The Internet
3: Issues for Defamation Law
II The Cause of Action for Defamation
4: Libel and Slander
5: Publication
6: Intermediaries and Publication
7: Identification
8: Defamatory Meaning
III Defences
9: Justification
10: Fair Comment and Related Defences
11: Absolute Privilege
12: Duty and Interest Form of Qualified Privilege
13: Modifications of the Duty and Interest Form of Qualified Privilege
14: Fair Reports Forms of Qualified Privilege
15: Qualified Privilege and Malice
16: Statutory Innocent Dissemination and Related Defences
17: Common Law Defence of Innocent Dissemination
18: Other Defences
IV Remedies and Related Matters
19: Injunctions and Related Remedies
20: Damages
21: Vicarious Liability
22: Recognition and Enforcement of Judgments in Foreign Countries
23: Alternatives to Defamation Law
V European Influences on the Law of Defamation
24: Jurisprudence of the European Court of Human Rights
25: Human Rights Act
VI Jurisdiction and Choice of Law
26: Grounds of Jurisdiction
27: Forum Non Conveniens
28: Choice of Law
29: Proof of Foreign Law
VII Aspects of United States Law
30: Introduction to American Defamation Law
31: Liability of Internet Intermediaries in the United States
32: Jurisdiction and Choice of Law in the United States
Appendices
Appendix A: Selected Legislation
Appendix B: Damages Awards in Internet Defamation Actions

About the Author

Matthew Collins, Barrister, Aickin Chambers, Melbourne

Dr Matthew Collins is a barrister based in Melbourne, Australia, who practises in the fields of media, information technology, and commercial law. He also lectures in defamation law at Monash University, and is a door tenant at One Brick Court chambers in London.

 

Reviews

"It is relatively rare for a new book for practitioners to establish itself as authoritative within less than a decade. But this is what has happened with Matthew Collins's magisterial work on the law of defamation and the internet." - Eric Barendt, Journal of Media Law

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