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This book is a guide to litigating libel or slander actions. It surveys over 500 leading cases, providing insight into judicial interpretation of concepts such as express malice, fair comment, qualified and absolute privilege, justification and consent. It includes chapters on pleadings, discovery, evidence, damages, appeals, and Charter issues.
Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.
An indispensable survival guide for anyone in the media industry and the lawyers who serve them Especially now, in an age of instant global access through digital media, it is vitally important that journalists, authors and publishers, as well as the lawyers who serve them, be fully up on the laws governing media, worldwide. The ultimate resource for all the media content providers and purveyors, this fully updated and expanded Third Edition of the critically-acclaimed handbook offers you instant access to relevant libel and privacy laws and important legal rulings in the Europe, Asia, the Middle East and the Americas. It clearly and concisely explains risks publishers should know about prior to publication, steps they can take in order to avoid legal conflicts, and legal defences available to them in the event of a claim. Offers nation-by-nation summaries of libel and privacy law written by local practitioners in an easy-to-use reference format Expanded to include coverage of important emerging territories--Mexico, Israel, and Argentina, et al--as well as the latest libel and privacy rulings Features new chapters on emerging media markets--including Israel, Mexico, Argentina, Jordan, and others--as well as valuable updates to the Middle East section Provides updates on all major media markets and nations, along with coverage of changes in libel laws in key jurisdictions, including Australia, the UK, Hungary and Germany
Of my personal observations about cyberlibel -- How to use this book -- Frequently asked questions -- Summary of the law of defamation and its application to cyberlibel -- Characteristics of the internet -- Differences and consequences in cyberlibel litigation and offline libel litigation -- Should internet-specific principles of law be adopted? -- Notice and limitation periods -- Juirisdiction -- Disclosure of the identity of an anonymous author -- Internet libel actions stayed as an abuse of process in the UK -- Damages in cyberlibel -- Injunctions in cyberlibel -- Take down notices -- Publication and hyperlinks -- Forms of defamatory meaning -- Reference to the plaintiff -- Defence of innocent dissemination at common law -- The defence of qualified privilege -- Defence of responsible communication on matters of public interest -- Internet intermediaries -- Search engines -- User-generated content - web 2.0 and online social networks -- Invasion of privacy/misuse of private information.