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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Defamation law (slander & libel)
Oscar Wilde had one of literary history's most explosive love affairs with Lord Alfred "Bosie" Douglas. In 1895, Bosie's father, the Marquess of Queensberry, delivered a note to the Albemarle Club addressed to "Oscar Wilde posing as sodomite." With Bosie's encouragement, Wilde sued the Marquess for libel. He not only lost but he was tried twice for "gross indecency" and sent to prison with two years' hard labor. With this publication of the uncensored trial transcripts, readers can for the first time in more than a century hear Wilde at his most articulate and brilliant. The Real Trial of Oscar Wilde documents an alarmingly swift fall from grace; it is also a supremely moving testament to the right to live, work, and love as one's heart dictates.
Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today's scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten. Containing contributions from expert international scholars, this comprehensive Handbook investigates the liability of internet intermediaries in cases of defamation and the emerging problem of global injunctions before concluding with eight country focussed studies. Engaging and accessible, this Handbook will be a key resource for students and scholars researching in the fields of privacy and defamation law, internet and technological law and information and media law. Contributors include: T.D.C. Bennett, S. Bretthauer, J. Campbell, P. Coe, M. Cornils, S.C. Ekaratne, A. Gajda, G. Gil, A. Koltay, R. Krotoszynski, J. Kulesza, D. Mangan, D. Milo, R. Moosavian, J. Oster, K.S. Park, M. Pearson, J. Reichel, D. Rolph, J. Shimizu, D.N. Staiger, R.L. Weaver, R.H. Weber, P. Wragg, M.N. Yan, V. Zeno-Zencovich
Should digital platforms be responsible for intimate images posted without the subject's consent? Could the viewers of such images be liable simply by viewing them? This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or 'revenge porn'. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property. With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers, while critiquing both the EU's and US' solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.
Since 2005, Thailand has been in crisis, with unprecedented political instability and the worst political violence seen in the country in decades. In the aftermath of a military coup in 2006, Thailand's press freedom ranking plunged, while arrests for lese-majeste have skyrocketed to levels unknown in the modern world. Truth on Trial in Thailand traces the 110-year trajectory of defamation-based laws in Thailand. The most prominent of these is lese-majeste, but defamation aspects also appear in laws on sedition and treason, the press and cinema, anti-communism, contempt of court, insulting of religion, as well as libel. This book makes the case that despite the appearance of growing democratization, authoritarian structures and urges still drive politics in Thailand; the long-term effects of defamation law adjudication has skewed the way that Thai society approaches and perceives "truth." Employing the work of Habermas, Foucault, Agamben, and Schmitt to construct an alternative framework to understand Thai history, Streckfuss contends that Thai history has become "suspended" since 1958, and repeatedly declining to face the truth of history has set the stage for an endless state of crisis. This book will be of interest to students and scholars of South East Asian politics, Asian history, and media and communication. David Streckfuss is an independent scholar who has lived in Thailand for more than 20 years. His work primarily concerns human rights, and political and cultural history.
Since 2005, Thailand has been in crisis, with unprecedented political instability and the worst political violence seen in the country in decades. In the aftermath of a military coup in 2006, Thailand s press freedom ranking plunged, while arrests for l se-majest have skyrocketed to levels unknown in the modern world. Truth on Trial in Thailand traces the 110-year trajectory of defamation-based laws in Thailand. The most prominent of these is l se-majest, but defamation aspects also appear in laws on sedition and treason, the press and cinema, anti-communism, contempt of court, insulting of religion, as well as libel. This book makes the case that despite the appearance of growing democratization, authoritarian structures and urges still drive politics in Thailand; the long-term effects of defamation law adjudication has skewed the way that Thai society approaches and perceives "truth." Employing the work of Habermas, Foucault, Agamben, and Schmitt to construct an alternative framework to understand Thai history, Streckfuss contends that Thai history has become "suspended" since 1958, and repeatedly declining to face the truth of history has set the stage for an endless state of crisis. This book will be of interest to students and scholars of South East Asian politics, Asian history, and media and communication. David Streckfuss is an independent scholar who has lived in Thailand for more than 20 years. His work primarily concerns human rights, and political and cultural history.
Should international law be concerned with offence to religions and their followers? Even before the 2005 publication of the Danish Mohammed cartoons, Muslim States have endeavoured to establish some reputational protection for religions on the international level by pushing for recognition of the novel concept of 'defamation of religions'. This study recounts these efforts as well as the opposition they aroused, particularly by proponents of free speech. It also addresses the more fundamental issue of how religion and international law may relate to each other. Historically, enforcing divine commands has been the primary task of legal systems, and it still is in numerous municipal jurisdictions. By analysing religious restrictions of blasphemy and sacrilege as well as international and national norms on free speech and freedom of religion, Lorenz Langer argues that, on the international level at least, religion does not provide a suitable rationale for legal norms.
Duncan and Neill is a leading authority on defamation law and other related types of action, and as such is an essential edition to the legal library of all practitioners specialising in this area, as well as students/academics and generalists who require a clear overview of the subject. It is a concise and comprehensive work on defamation, but also covers privacy, misuse of private information, malicious falsehood, harassment and data protection. Previous editions have been cited frequently by first instance and appellate courts. The new fifth edition will cover developments in the law and practice of the areas covered in the book since the last edition, including: * The latest law and practice on the determination of 'meaning', and the approach of the courts to publications on social media following the Supreme Court decision in Stocker v Stocker * What the 'serious harm' test means in light of the Supreme Court decision in Lachaux v Independent Print Ltd * How the 'public interest' defence looks after the Supreme Court decision in Serafin v Malkiewicz * Developments in cases with an international element, including on jurisdiction and the 'libel tourism' provision * Up-to-date guide to practice and procedure, following the effective abolition of jury trial for defamation cases and the creation of the 'Media and Communications' List * Covers key developments in related causes of action, eg claims for misuse of private information and for harassment, and the data protection regime as it applies to publication cases
In April 2000 a High Court judge branded the writer David Irving a racist, an antisemite, a Holocaust denier, and a falsifier of history. Irving's attempt to silence his critics by means of a libel suit against the American historian Deborah Lipstadt was decisively rejected in a judgement later confirmed by the Court of Appeal. Faced with mountainous costs to pay, Irving was declared bankrupt on 5 March 2002. None of this has stopped him continuing to try to prevent the publication of books that expose him as a manipulator of historical documents and a Holocaust denier. The key expert witness against Irving was the Cambridge historian Richard J. Evans, a specialist on modern German history and author of In Defence of History. Although Evans's report was upheld in all its major points by the High Court, Irving's threats of legal action have intimidated a series of publishers. Now Verso brings you the book in full. Evans describes how he came to be involved in the case, and reflects on the interaction of historical and legal rules of evidence. He recounts his discovery of how Irving falsified the documentary evidence on the Second World War, and demonstrates his connections with far-right Holocaust deniers in the United States. Evans argues that the trial does for the twenty-first century what the Eichmann trial did for the second half of the twentieth. It vindicated history's ability to come to reasoned conclusions on the basis of a careful examination of the evidence, even when eyewitnesses and survivors are no longer around to tell the tale.
Now in its thirteenth edition and part of the prestigious Common Law Library, Gatley on Libel and Slander has established itself as the definitive work on defamation law and practice. The work has been comprehensively updated and restructured throughout to provide a thorough examination of the English law of defamation and other media and communications claims, including malicious falsehood, privacy, data protection and harassment - both substantive and procedural. New chapters on serious harm and the defences of truth, honest opinion and publication on a matter of public interest Fully revised chapter on pre-trial applications including preliminary trials of meaning Dedicated chapters on misuse of private information and data protection Review of all key case law including Lachaux, Stocker, Serafin, Lloyd v Google, Economou, Wright v Ver, Wright v Granath, Corbyn v Millett, Duchess of Sussex v Associated, and Soriano v Forensic News Consideration of legal developments in Commonwealth and common law jurisdictions In addition to providing detailed commentary and expert analysis of the substantive law, it offers comprehensive guidance on the procedural aspects of bringing an action. This advice is complemented with example forms and precedents for issuing proceedings and summaries of key damages awards, making it both a practical and authoritative reference. The authority on the law of defamation with expert analysis of the law and all significant developments in libel and slander, malicious falsehood and privacy. Detailed coverage of the relevant procedure for practising defamation law - serving as a one-stop reference at every stage of an action. Examines the defamatory statement including slanders actionable, publication, identifying the person defamed and addresses the question: who may sue or be sued? Looks at the various available remedies including compensatory, aggravated and exemplary damages. Commentary on related causes of action such as malicious falsehood, misuse of private information and other causes arising from statements. Explores available defences with discussion of honest comment, absolute and qualified privilege, publication in public interest and more. Comprehensive examination of the procedure for bringing an action from interim injunctions and particulars of claim to counterclaims, apologies, the trial and appeals. Relevant cases from other jurisdictions with commentary on their relevance to UK law and procedure, including decisions from Canada, Australia and New Zealand. Discusses the jurisprudence of the European Court of Human Rights and the continuing effect of the Human Rights Act on defamation law. Provides forms and precedents for issuing proceedings, statements of case and settlement and reproduces relevant excerpts of key statutes. Includes an appendix with statutes, procedural rules and damages awards.
The twenty-first century has been significantly shaped by the growing importance of religion in international politics resulting in rising polarization among nation states. This new dynamic has presented new challenges to international human rights principles. This book deals with some of these new challenges, particularly the growing demand by Muslim states for protection of Islamic religion from blasphemy and defamation. Member states of the Organization of Islamic Cooperation (OIC), through resolutions at the United Nations, made efforts to introduce laws that globally protect Islamic religion from blasphemy and defamation. The bid by OIC member states faced opposition from Western countries. The conflicting claims of the two sides are discussed in this book. The book clearly shows the impact of blasphemy and defamation of religion laws on certain aspects of fundamental human rights principles.
This book discusses the ostensible reasons for this legislation and examines the law in light of traditional principles of extending recognition to foreign judgments as an essential aspect of comity among nations. In order to properly evaluate the SPEECH Act and its likely implications, this study critically examines the ongoing degradation of First Amendment speech protections in the US and the developing English common law defamation privileges and reaches some startling conclusions. In this first critical study of the SPEECH Act, Harry Melkonian not only examines the specifics and likely application of this legislation as well as the underlying phenomenon of Libel Tourism but also provides a radically new perspective on the incipient convergence of US First Amendment and English common law freedom of speech and defamation principles. Uniquely, the book approaches the concept of convergence from the viewpoint of both doctrinal law and free speech theory and amalgamates the results through application of the traditional law of comity among nations. Defamation, Libel Tourism and the SPEECH Act of 2010 is an essential book for everyone involved with international legal aspects of the media including publishers, broadcasters, as well as legal professionals and academics.
In this study we look at how free speech interests are balanced against the need to protect reputation in American and English defamation laws. We studied cases from both countries to see how this tension is resolved. We pay special attention to 'public interest' defence since the media often justifies its attack on reputation on 'public interest', even when it is substituting its own interest for this 'public interest'.
Sports figures cope with a level of celebrity once reserved for the stars of stage and screen. In Game Faces , Sarah K. Fields looks at the legal ramifications of the cases brought by six of them--golfer Tiger Woods, quarterback Joe Montana, college football coach Wally Butts, baseball pitchers Warren Spahn and Don Newcombe, and hockey enforcer Tony Twist--when faced with what they considered attacks on their privacy and image. Placing each case in its historical and legal context, Fields examines how sports figures in the U.S. have used the law to regain control of their image. As she shows, decisions in the cases significantly affected the evolution of laws related to privacy, defamation, and publicity--areas pertinent to the lives of the famous sports figure and the non-famous consumer alike. She also tells the stories of why the plaintiffs sought relief in the courts, uncovering motives that delved into the heart of issues separating individual rights from the public's perceived right to know. A fascinating exploration of a still-evolving phenomenon, Game Faces is an essential look at the legal playing fields that influence our enjoyment of sports.
The modern law of defamation is frequently criticised for being outdated,obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, in media law and in the relationship between free speech and the law.
The political libel is as old as politics itself. The politician, seeking redress in the courts for an allegedly libellous publication, uses the English law of libel to attempt to remove the stain from his character. Wielding the 'sword of truth' he does battle with the media, often with huge attendant publicity, and at great risk to his reputation should he fail in his quest. At the same time he stands to pocket a substantial sum in damages if he can show the libel to have been committed. In this, the first modern study of the phenomenon of political libels, the author delves behind the headlines and looks at the political and legal problems which surround this little understood but controversial area of English law. In this highly readable and engaging work the author surveys the ancient and modern history of the political libel laws, and argues that the English law of libel has in the main been too jealous of defending the reputations of politicians and insufficiently alert to the legitimate interest of the public. A strong case is made for reforming the law substantially, a case which rests both on the experience of other countries (notably the USA), and also on a re-examination of a handful of English cases dating from the mid-to-late nineteenth century whose significance has been downplayed by lawyers in subsequent years.
Sports figures cope with a level of celebrity once reserved for the stars of stage and screen. In Game Faces , Sarah K. Fields looks at the legal ramifications of the cases brought by six of them--golfer Tiger Woods, quarterback Joe Montana, college football coach Wally Butts, baseball pitchers Warren Spahn and Don Newcombe, and hockey enforcer Tony Twist--when faced with what they considered attacks on their privacy and image. Placing each case in its historical and legal context, Fields examines how sports figures in the U.S. have used the law to regain control of their image. As she shows, decisions in the cases significantly affected the evolution of laws related to privacy, defamation, and publicity--areas pertinent to the lives of the famous sports figure and the non-famous consumer alike. She also tells the stories of why the plaintiffs sought relief in the courts, uncovering motives that delved into the heart of issues separating individual rights from the public's perceived right to know. A fascinating exploration of a still-evolving phenomenon, Game Faces is an essential look at the legal playing fields that influence our enjoyment of sports.
This book explores recent legislative activity which highlights the phenomenon of "libel tourism," whereby litigants bring libel suits in foreign jurisdictions in order to take advantage of plaintiff-friendly libel laws. |
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