Collins On Defamation

Matthew Collins

Widely respected author drawing on his previous book The Law of Defamation and the Internet, this expanded work fully incorporates the changes brought about by the 2013 Defamation Act
Accessible and contemporary commentary on a complex area of the law with authorities and comparative analysis drawn from a broad international research base spanning Europe, Asia, America, and Australia
Coverage of important related causes of action and conflict of laws principles
Logical and easily navigable structure, integrating substantive law and practice
Includes tables of recent damages awards in defamation and misuse of private information actions, an extensive set of precedents for common notices and pleadings, and relevant legislation, including the Defamation Act 2013, reproduced in full and analysed in detail

Collins On Defamation

Matthew Collins

Description

Written by the widely respected author of The Law of Defamation and the Internet, this book analyses the modern law of defamation in a way that consolidates into a coherent structure its various sources - the common law, earlier statutory reforms, European and other foreign influences, and the changes effected by the Defamation Act 2013.

As well as examining the implications of the 2013 reforms, Collins on Defamation dissects, in context, the very large number of ambiguous and contestable questions of construction in, and possibly unintended consequences of, the new law.

The book draws on authorities from a wide international research base to explain the application of relevant principles, including the principles applicable to multi-jurisdictional publications and actions involving one or more foreign litigants.

As well as providing encyclopaedic analysis of the law of defamation, the work contains detailed coverage of relevant conflict of law principles, and important and emerging related causes of action, including misuse of private information, malicious falsehood, data protection rights, and protection from harassment. Comprehensive tables of recent damages awards, and an extensive set of precedents for common notices and pleadings, are also included.

This book is an essential text for any practitioner in the field.

Collins On Defamation

Matthew Collins

Part I: Introduction
.1.:General Introduction
2.:Preliminary Considerations
Part II: The Cause of Action for Defamation
3.:Libel and Slander
4.:Publication
5.:Identification
6.:Defamatory Meaning
7.:Serious Harm Threshold
Part III: Defences
8.:Truth
9.:Honest Opinion
10.:Absolute Privilege
11.:Duty and Interest Form of Qualified Privilege
12.:Publication on Matter of Public Interest
13.:Fair Report Defences
14.:Peer-Reviewed Statements
15.:Operators of Websites
16.:Innocent Dissemination
17.:Electronic Commerce Regulations
18.:Other Defences
19.:Limitation Period
Part IV: Remedies and Related Matters
20.:Non-Pecuniary Remedies
21.:Damages
22.:Vicarious Liability
23.:Recognition and Enforcement of Judgments Abroad
Part V: European Influences
24.:Jurisprudence of the European Court of Human Rights
Part VI: Conflict of Laws
25.:Jurisdiction
26.:Choice of Law
27.:Proof of Foreign Law
Part VII: Related Causes of Action
28.:Criminal Libel
29.:Malicious Falsehood
30.:Misuse of Private Information
31.:Data Protection Act 1998
32.:Negligence
33.:Protection from Harassment
34.:Other Complaints Mechanisms
Appendices
a:Legislation
b:Civil Procedure Rules, Protocols, and Practice Directions
c:Introduction to American Defamation Law
d:Other Liberalized Defences of Qualified Privilege
e:Damages Awards in Defamation Actions
f:Damages Awards in Misuse of Private Information Actions
g:Precedents

Collins On Defamation

Matthew Collins

Author Information

Matthew Collins, Victorian Bar

Dr Matthew Collins QC is a barrister based in Melbourne, Australia, who practises in the fields of media, information technology, and commercial law. He is a Senior Fellow at the University of Melbourne, a door tenant at One Brick Court chambers in London, and the author of all three editions of The Law of Defamation and the Internet (OUP, 2001, 2005, 2010).

Collins On Defamation

Matthew Collins

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Free speech, reputation, and the Defamation Act 2013

Freedom of expression is a central tenet of almost every modern society. This freedom however often comes into conflict with other rights, and can be misused and exploited. New media ' especially on the internet ' and new forms of media intrusion bring added complexity to old tensions between the individual's rights to reputation and privacy on the one hand, and freedom of expression and the freedom of the press on the other.

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How can a society balance both the freedom of expression, including the freedom of the press, with the individual's right to reputation? Defamation law seeks to address precisely this delicate equation.

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