By Matthew Collins

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
1. General Introduction

2. The Internet

3. Issues for Defamation Law

4. Libel or slander?

5. Publication

6. Identification

7. Defamatory Meaning

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

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

20. Injunctions and Related Remedies

21. Damages

22. Vicarious Liability

23. Recognition and Enforcement of Judgements in Foreign Countries

24. Alternatives to Defamation 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

30. Jurisprudence of the European Court of Human Rights

31. Aspects of United States Law

Glossary of Common Internet Terms

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

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

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

Published Year: 2005 Format: Hard Back ISBN: 978-0-19-928182-4 Publisher: Oxford University Press No of Pages: 564 Our Price: £ 142.00 Reviews: 0 reivew(s).

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