Defamation and Freedom of Speech

Defamation and Freedom of Speech

Author: Dario Milo

Publisher: Oxford University Press, USA

Published: 2008-02-14

Total Pages: 394

ISBN-13:

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The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.


Collins on Defamation

Collins on Defamation

Author: Matthew Collins

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 0

ISBN-13: 9780199673520

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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.


The Language of Defamation Cases

The Language of Defamation Cases

Author: Roger W. Shuy

Publisher: Oxford University Press

Published: 2010-01-28

Total Pages: 258

ISBN-13: 0199742316

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Slander and libel cases are largely about how one party uses language in ways that are claimed to defame one another. Linguistic expertise can be central to the case. In The Language of Defamation Cases, Roger W. Shuy describes eleven representative lawsuits--involving newspapers, television stations, religious leaders, physicians, teachers, entertainers, unions, insurance companies, and manufacturers--for which he served as a consultant. Shuy's linguistic analysis illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, intentionality, and malicious language affected the outcome of these cases. The Language of Defamation Cases shows how linguistics can be used to help resolve libel and slander cases. It will appeal to students and scholars of applied linguistics and forensic linguistics.


Freedom of expression and defamation

Freedom of expression and defamation

Author: Tarlach McGonagle

Publisher: Council of Europe

Published: 2016-09-01

Total Pages: 72

ISBN-13: 9287183473

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Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.


Reputation and Defamation

Reputation and Defamation

Author: Lawrence McNamara

Publisher:

Published: 2007

Total Pages: 254

ISBN-13: 9780191710858

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Lawrence McNamara develops a new theory of reputation through a comparative analysis of how courts in England, the United States and other common law countries have responded to shifting attitudes towards moral values and developed new tests for what should count as 'defamatory'.