Published Dec 2010 (Oxford University Press).
ISBN: 9780199590797. Hardback, 784 pages.
- An eagerly awaited new edition of a work frequently cited throughout the common law world and widely acclaimed for its helpful insights and systematic approach to a fast-moving area of the law
- Remains the only work to give comprehensive coverage of defamation law as it relates to the Internet and new media
- 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 wider research base than the previous edition, and focus particularly on the UK, the US, Europe, Australia, Canada, New Zealand, and Ireland
- 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 has been comprehensively updated to take account of new developments in the field
- Includes coverage of all significant recent online libel cases including Times Newspapers v UK, Bunt v Tilley, Metropolitan International Schools v Designtechnica Corp, Budu v BBC Incorporates analysis of Australia's new uniform defamation laws, the new Irish Defamation Act, American libel terrorism legislation, and the revised Lugano jurisdiction Convention Coverage of general principles of defamation law has been significantly expanded, including Reynolds privilege and related developments, staying proceedings for abuse of process, the implications of the ECHR and the Human Rights Act for principles of defamation law, and reputation as an aspect of the right to private life
- Includes a comprehensive digest of all significant damages awards in Internet defamation cases in the UK, Australia, Canada, and NZ since 2005
The Internet has revolutionized the way in which we communicate. We take instantaneous, affordable, global communication for granted. With the remarkable benefits the Internet confers, however, come concomitant dangers and abuse. The Internet is, at the same time, a bulwark for global freedom of expression, and a medium of potentially limitless international defamation. The once sharp lines between the old and new media are blurring faster than could have been imagined a few short years ago. Television, radio, telecommunications, and the print media are increasingly delivered via Internet protocols. Mobile telephones, laptop computers, and the new generation of handheld devices provide always-on Internet access. The Internet is converging with, or displacing to a greater or lesser degree, and at an incredible pace, every other form of communication.
The law of defamation and the Internet has thus become, in a very real sense, the modern law of defamation.
The original edition of The Law of Defamation and the Internet (2001) was the first text to analyze comprehensively the application of common law principles of defamation law to material published online. It quickly became the standard text for media and information technology practitioners and students seeking to understand this novel area of the law, a reputation cemented by the second edition (2005).
The book has been widely cited and attracted praise throughout the common law world for its clarity and practical approach; its thorough treatment of the law; its use of international comparative material; and its analysis of relevant principles of jurisdiction and choice of law.
The third edition takes The Law of Defamation and the Internet to a new level. As well as comprehensively updating the burgeoning law in the field, the coverage of general principles of defamation law has been significantly expanded. The research base has been widened to include more extensive coverage of authorities from jurisdictions including Canada, New Zealand, Ireland, Hong Kong, Malaysia, and Singapore. Other new features include expanded coverage of American law and an appendix of significant damages verdicts in Internet defamation actions. The new edition is an indispensable resource for all practitioners and students of defamation law.
Readership: Solicitors in media and IT law departments; barristers specializing in libel and IT law; in-house lawyers in publishing companies and companies which undertake electronic commerce; advisers to universities which have their own publishing undertakings; electronic commerce/publishing consultancies; academics; students; legal and academic reference libraries.
Reviews
"A new, important and pioneering work on the law of defamation." - Lord Bingham of Cornhill "An essential text for both defamation law and IT law practitioners." - CTLR: The Journal of E-Commerce, Technology and Communications
"...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 has] ...done a remarkable job in making his subject matter both accessible and interesting." - IPKat
"Practitioners called upon to advise [clients] in their unenviable plight, and judges required to sort out the consequences, must therefore turn gratefully to Dr Collins' pioneering and scholarly work. He has successfully identified and analysed the nature of the legal problems to be confronted and the absurdities to which they often give rise. His guidance is wise and useful" - Sir David Eady
"Matt Collins' book is unique. It is a trailblazing masterpiece of lucidity and erudition. Libel lawyers around the world owe him a great deal. Personally I am very happy about his newest edition as my copy of the last edition has been used so frequently that it is only being held together by hockey tape." - David Potts, Solicitor and Barrister, Toronto
"This book remains unparralleled in terms of both incisiveness of analysis and breadth of coverage (topic-wise as well as geographical)." - Commonwealth Lawyers' Association 2011
Table of Contents
I The Internet Revolution
1: General Introduction
2: The Internet
3: Issues for Defamation Law
II The Cause of Action for Defamation
4: Libel and Slander
5: Publication
6: Intermediaries and Publication
7: Identification
8: Defamatory Meaning
III Defences
9: Justification
10: Fair Comment and Related Defences
11: Absolute Privilege
12: Duty and Interest Form of Qualified Privilege
13: Modifications of the Duty and Interest Form of Qualified Privilege
14: Fair Reports Forms of Qualified Privilege
15: Qualified Privilege and Malice
16: Statutory Innocent Dissemination and Related Defences
17: Common Law Defence of Innocent Dissemination
18: Other Defences IV Remedies and Related Matters
19: Injunctions and Related Remedies
20: Damages
21: Vicarious Liability
22: Recognition and Enforcement of Judgments in Foreign Countries
23: Alternatives to Defamation Law V European Influences on the Law of Defamation
24: Jurisprudence of the European Court of Human Rights
25: Human Rights Act VI Jurisdiction and Choice of Law
26: Grounds of Jurisdiction
27: Forum Non Conveniens
28: Choice of Law
29: Proof of Foreign Law
VII Aspects of United States Law
30: Introduction to American Defamation Law
31: Liability of Internet Intermediaries in the United States
32: Jurisdiction and Choice of Law in the United States
Appendices
Appendix A: Selected Legislation
Appendix B: Damages Awards in Internet Defamation Actions
Matthew Collins, Barrister, Aickin Chambers, Melbourne
Dr Matthew Collins is a barrister based in Melbourne, Australia, who practises in the fields of media, information technology, and commercial law. He also lectures in defamation law at Monash University, and is a door tenant at One Brick Court chambers in London.
