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The Law of Defamation and the Internet

Second Edition

Matthew Collins

Price: £142.00 (Hardback)
ISBN-13: 978-0-19-928182-4
Publication date: 17 November 2005
568 pages, 246x171 mm

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Reviews

Review(s) from previous edition:

'An essential text for both defamation law and IT law practitioners.' - CTLR: The Journal of E-Commerce, Technology and Communications
'A new, important and pioneering work on the law of defamation.' - Lord Bingham of Cornhill
'...pioneering study ...as thorough as it is comprehensive... Practitioners - and anyone else connected with the Internet, for that matter - will find this book very helpful indeed.' - The Commonwealth Lawyer: Journal of the Commonwealth Lawyers' Association, Vol. 11, No. 1, April 2002
'An academic review, a students' textbook and a practitioners' handbook all in one ... a long overdue authoritative book which is the first of its kind devoted entirely to the subject of internet defamation from the perspective of English law.' - Legal Week
'No marksman aiming at a moving target had a more tricky task than Dr Collins in writing his pioneering book on this important subject... Dr Collins' methods seem admirable, and his comprehensive treatment of the subject is commended.' - Media Lawyer, 1 March 2002
'A timely effort to identify and examine key legal issues concerning defamation via the Internet from an international and comparative perspective ... a unique addition to the sorely needed literature on international and comparative law of defamation. Collins' examination of several Internet libel cases is insightful and up-to-date ... should be most useful to those interested in comparative Internet libel law in the United Kingdom, Australia, and the United States. ...cutting-edge issues are explored in a creative way.' - Journalism & Mass Communication Quarterly
'The author's style is admirably clear and tight. His approach is systematic. This is a practitioner's book, to which students will necessarily refer.' - Australian, 3 April 2002
'A definitive and authoritative text on the law relation to defamatory remarks made on the Internet ... extremely accessible to both experienced pratitioners or undergraduate students ... an excellent text and certainly one that no IT/IP practitioner or student reference library should be without!' - Student Law Journal
'Matthew Collins, a barrister in Owen Dixon Chambers, Melbourne (Australia), has however done a remarkable job in making his subject matter both accessible and interesting.' - IPKat

Description

An eagerly awaited new edition of a work widely acclaimed for its helpful insights and systematic approach to a fast-moving area of the law
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 very wide research base, focusing particularly on the UK, the US, Europe, and Australia
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 is updated to take account of new developments in the field, including the Electronic Commerce (EC Directive) Regulations 2002 and the Brussels Regulation on jurisdiction and the enforcement of judgments in civil and commercial matters
Includes coverage of significant cases such as Loutchansky v Times Newspapers Ltd (English Court of Appeal), Harrods v Dow Jones & Co Inc (English High Court) and Dow Jones & Co Inc v Gutnick (Australian High Court)
The treatment of international comparative material is rebalanced: coverage for US law is increased, and European law is more fully integrated throughout the text

The Internet has revolutionized the way in which we communicate. In a few short years, it has made instantaneous global communication available affordably to anyone with a computer and an Internet connection. The Internet is simultaneously a bastion of free speech and a medium of potentially limitless international defamation.

The first edition of The Law of Defamation and the Internet was the first text to analyze comprehensively the application of defamation laws in the United Kingdom and Australia to material published via the Internet. It quickly became the standard text for media and information technology practitioners and students seeking to understand this novel and growing area of the law. It attracted wide praise in England, the United States and Australia for, among other things, its clarity and practical approach; its thorough treatment of UK and Australian law; its use of international comparative material, particularly from the United States and Europe; and its analysis of relevant principles of jurisdiction and choice of law.

The second edition builds on the strengths of the first. As well as comprehensively updating the law, the coverage of European and American law has been substantially expanded, as has the coverage of 'hot' topics such as liability for linking and framing, and jurisdiction over foreign publications.

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

Contents

Part I: THE INTERNET REVOLUTION:

1. General Introduction

2. The Internet

3. Issues for Defamation Law

PART II: THE CAUSE OF ACTION FOR DEFAMATION:

4. Libel or slander?

5. Publication

6. Identification

7. Defamatory Meaning

PART III: GENERAL DEFENCES:

8. Justification

9. Fair Comment

10. Absolute Privilege

11. The Duty and Interest Form of Qualified Privilege

12. The Fair Reports Form of Qualified Privilege

13. Other Defences

PART IV: LIABILITY OF INTERNET INTERMEDIARIES:

14. Internet Intermediaries

15. Internet Intermediaries and Publication

16. Section 1 of the Defamation Act 1996 (UK)

17. The Electronic Commerce (EC Directive) Regulations 2002 (UK)

18. The Common Law Defence of Innocent Dissemination

19. Statutory defences in Australia

PART V:REMEDIES AND RELATED MATTERS:

20. Injunctions and Related Remedies

21. Damages

22. Vicarious Liability

23. Recognition and Enforcement of Judgements in Foreign Countries

24. Alternatives to Defamation Law

PART VI: JURISDICTION AND CHOICE OF LAW:

25. Grounds of Jurisdiction

26. Forum Non Conveniens

27. Choice of Law in the United Kingdom

28. Choice of Law in Australia

29. Proof of Foreign Law

PART VII: OTHER SOURCES OF LAW:

30. Jurisprudence of the European Court of Human Rights

31. Aspects of United States Law

Glossary of Common Internet Terms

Appendices

A.1. Defamation Act 1996 (UK), Section 1

A.2. Electronic Commerce (EC Directive) Regulations 2002 (UK), Regulations 17-20, 22

A.3. Directive 2000/31/EC of the European Parliament and of the Council on certain aspects of information society services, in particular electronic commerce, in the internal market (Directive on Electronic Commerce), Articles 12-15

A.4. Broadcasting Services Act 1992 (Cth), Schedule 5, Clause 91

A.5. Communications Decency Act, 47 USC (USA) (1996), Section 230(c)

Index

Authors, editors, and contributors

Matthew Collins, Barrister, Owen Dixon Chambers, Melbourne

Links to web resources and related information

More in the same subject area:
Defamation law (slander & libel)
English law: defamation (slander & libel)
EU defamation law (slander & libel)
English law: Internet & e-commerce law
Publishing on the Internet
International communications & telecommunications law
English law: computers & the law
Communications law
EU human rights & civil liberties law

The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.