The Law of Defamation and The Internet / Edition 3

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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 fact 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 Internet to 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.

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Product Details

  • ISBN-13: 9780199590797
  • Publisher: Oxford University Press, USA
  • Publication date: 2/11/2011
  • Edition number: 3
  • Pages: 648
  • Product dimensions: 9.60 (w) x 7.00 (h) x 1.90 (d)

Meet the Author

Dr. Matthew Collins is a barrister based in Melbourne, Australia who practices in the fields of media, information technology and commercial law. He holds a PhD from Melbourne University. Dr Collins regularly presents lectures and seminars to postgraduate students and lawyers in Australia and abroad. As well as contributing regularly to Australian and international law journals, Dr. Collins frequently comments upon issues concerning both defamation law generally and the application of laws in cyberspace for the electronic and print media.

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Table of Contents

1 General introduction 3
2 The Internet 9
3 Issues for defamation law 33
4 Libel or slander? 45
5 Publication 63
6 Identification 87
7 Defamatory meaning 93
8 Justification 105
9 Fair comment 115
10 Absolute privilege 125
11 The duty and interest form of qualified privilege 131
12 The fair reports form of qualified privilege 153
13 Other defences 161
14 Internet intermediaries 181
15 Internet intermediaries and publication 187
16 Section 1 of the Defamation Act 1996 (UK) 203
17 The Electronic Commerce (EC directive) Regulations 2002 (UK) 213
18 The common law defence of innocent dissemination 231
19 Statutory defenses in Australia 255
20 Injunctions and related remedies 273
21 Damages 289
22 Vicarious liability 303
23 Recognition and enforcement of judgments in foreign countries 311
24 Alternatives to defamation law 321
25 Grounds of jurisdiction 333
26 Forum non conveniens 349
27 Choice of law in the United Kingdom 369
28 Choice of law in Australia 385
29 Proof of foreign law 393
30 Jurisprudence of the European Court of Human Rights 399
31 Aspects of United States law 419
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