Defamation Law in Australia, 3rd Edition
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By: George, Patrick Thomas George
Defamation Law in Australia commences with a colourful historical analysis of defamation action in England and Australia, before providing an in-depth commentary on the general underlying law, principles and concepts. Following the introduction of the Defamation Act 2005 (Cth), defamation law is substantially uniform in Australia. The provisions of the Defamation Act are identified and explained, and important topics such as reputation and freedom of speech are explored. This updated edition has been revised to reflect changes in legislation and case law, including an analysis of major decisions relating to publication on the internet, defences of truth and contextual truth, and awards of damages. It addresses developments in invasion of privacy law in Australia and explores topical issues such as disclosure of confidential sources and reform of the Defamation Act after more than 10 years operation. The Defamation Act is fully reproduced as an Appendix, together with a Comparative Table of Defamation Statutes, contrasting previous legislation in each State and Territory with the uniform Act. Features A practical, easy to read and engaging style Commentary on basic concepts - reputation, privacy and freedom of speech Historical anaylsis of defamation law Appendix includes the Defamation Act and a comparative table of Defamation Statutes Related Titles Balkin and Davis, Law of Torts, 5th edition, 2013 George et al, Social Media and the Law, 2nd edition, 2016 George, Quick Reference Card, Defamation, 2015 Lockhart, The Law of Misleading or Deceptive Conduct, 4th edition, 2014 Pearce and Geddes, Statutory Interpretation in Australia, 8th edition, 2014
AI Overview
The book "Defamation Law in Australia, 3rd Edition" is authored by David Rolph, not George or Patrick Thomas George. Here is a comprehensive overview of the book:
Key Themes
- Historical Analysis: The book commences with a colourful historical analysis of defamation actions in England and Australia, tracing the evolution of the law from its early beginnings to its current state.
- Complexity of Defamation Law: The author discusses the complexities and intricacies of defamation law, highlighting its technical and obscure nature, as noted by Justice Kiefel in the Foreword.
- Defamatory Capacity and Meaning: The book delves into the crucial topic of who has standing to sue for defamation, exploring the concept of defamatory capacity and meaning.
- Publication, Justification, and Privilege: It examines the elements of publication, justification, absolute and qualified privilege, protected reports, fair comment, and honest opinion.
- Defences and Remedies: The book covers various defences such as justification, absolute and qualified privilege, and other miscellaneous defences. It also discusses remedies like damages, injunctions, and offers of amends.
Plot Summary
The book provides a comprehensive explanation of the theory of defamation law and its practical aspects. It includes detailed chapters on:
- Historical Development: The historical development of the cause of action in the United Kingdom and its application in Australian legislation and case law.
- Complexity of Australian Defamation Law: The book investigates why Australian defamation law is considered technical, artificial, and complex, highlighting its historical and legislative evolution.
- Practical Aspects: It offers a guide to the many aspects of defamation law in practice, including the roles of judge and jury, limitation periods, and the distinction between libel and slander.
Critical Reception
The book has received positive reviews for its comprehensive and practical approach to a complex topic.
- Justice Kiefel's Foreword: Justice Kiefel praises the book for combining academic and practical approaches, providing a valuable contribution to resolving the complexities of defamation law.
- Judith Gibson's Review: Judith Gibson notes that despite its modest cover design, the book is a lively and thought-provoking account of the history and problems of defamation law in Australia. She highlights the book's ability to simplify this arcane area of law.
- Thomson Reuters Review: The Thomson Reuters review commends the book for its detailed commentary and critical analysis of case law and statutory provisions. It is recommended for even the most experienced practitioners in the field of defamation law.
Overall, "Defamation Law in Australia, 3rd Edition" by David Rolph is a valuable resource for both students and practitioners of defamation law, offering a comprehensive and practical guide to this complex and technical area of law.