Subjects 2008
Defamation Law 730812
- Credited Courses: Graduate Diploma in Communications Law 518; Graduate Diploma in Transnational Law 333; Graduate Diploma in Transnational Law 333; Master of Commercial Law 504; Master of Laws (LLM) 502; Master of Laws by Coursework (LLM) 502
Note
Candidates who have completed 'Defamation and Privacy' cannot enrol in this subject.
Objectives
A candidate who has successfully completed the subject should have:
- A detailed understanding of the ways in which Anglo-Australian and US defamation laws regulate free speech in relation to reputation
- A professional ability to synthesise and apply the legal principles and respond to challenges posed by defamation law in relation to contemporary media practices
- Well-developed techniques for evaluating the law and analysing divergent legal norms in Anglo-Australian and US defamation law
- A critical awareness of important defamation law reform proposals, drawing on comparative materials
- A sophisticated ability to undertake defamation law scholarship.
Syllabus
Principal topics will include:
- Free speech and reputation: Australia and the US
- Choice of law and jurisdiction
- The Anglo-Australian plaintiff’s case: What is defamatory?
- US defamation law: The legacy of New York Times v Sullivan
- Australian defences: Truth
- Australian defences: Opinion
- Australian defences: Privilege and fair reports
- Pre-publication advice and litigation
- Remedies.
