USYD

Semester 2, 2018


Media law - LAWS3428

84 pages

41,913 words

$44.00

2

Description

Detailed notes covering all topics
Topics:
1. The rationale and role of defamation law: balancing protection of reputation and freedom of speech:
- Concept of reputation
- concepts of freedom of speech
2. The tort of defamation in context: Other actions protecting reputation and other overlapping interests:
- Injurious falsehood
- Deceit
- Conspiracy
- Intimidation
- Negligent mistatement
- Liability under the Australian Consumer Law
- Privacy and breach of confidence.

3. Defamation: Preliminary Issues
- 1. History of defamation law
- 2. Libel and slander
- 3. Criminal defamation
- 4. Who can sue for defamation?: Plaintiffs in defamation actions

4. The Plaintiff’s Case: Liability for Defamation:
- 1. The elements of the cause of action for defamation
- 2. Functions of judge and jury
- 3. What imputations arise? Interpreting the meaning of words
- 4. Reports of police activities, charges and rumours
- 5. Defamatory imputations: assessing the defamatory quality of imputations
- 6. Satire and parody
- 7. Identification of the plaintiff
- 8. Publication, repetition & republication
- 9. Internet publication
-10. Presumption of Damage
- 11. Principle of Proportionality

5. Defences to Defamation:
(i) JUSTIFICATION:
- 1. Truth at common law and the defence of justification: DA s 25
- 2. NSW: Truth + (public interest or qualified privilege): DA 1974 s 15 (repealed)
- 3. The Polly Peck defence
-4. The defence of contextual truth: DA s 26
(ii) THE DEFENCE OF ABSOLUTE PRIVILEGE
(iii) THE DEFENCE OF QUALIFIED PRIVILEGE:
- 1. Components of the defence at common law, and under statute
- 2. Common law qualified privilege: occasions of qualified privilege
- 3. The operation of the statutory defence (DA s 30)
- 4. Constitutional freedom of discussion: implied freedom of speech and comment on political and public matters
(iv) THE DEFENCE OF FAIR COMMENT AND HONEST OPINION:
- 1. Components of the defence of fair comment at common law and under statute
- 2. Comment (and not fact), based on facts stated or indicated
- 3. Matter of public interest
- 4. “Fair” comment & malice
(v) OTHER DEFENCES:
- 1. Unintentional defamation and innocent dissemination
- 2. Triviality and unlikelihood of harm
- 3. Apology, retraction and offer of amends

Remedies for Defamation:
- 1. Injunctions
- 2. Damages

Privacy and Breach of Confidence:
- 1. Defining privacy
- 2. Indirect protection at common law?
- 4. Direct protection at common law

Breach of Confidence
- 1. General principles
- 2. Personal secrets
- 3. Visual images
- 4. Identity
- 5. Government information
- 6. Discharging an injunction
- 7. The public interest defence

Author

Eric

Campus

USYD, Camperdown/Darlington

Member since

July 2013