The Law of Defamation and the Internet
The Internet is the first truly global communications medium. Anyone with a computer and an Internet connection can publish material to a potentially vast audience located in any number of countries around the world. The Internet is, at the same time, a great bastion of free speech and a medium of almost limitless international defamation. This title contains the first comprehensive analysis of the application of Anglo-Australian rules of civil defamation law to material published viathe Internet. As well as addressing the common law rules as they apply in the United Kingdom and Australia, it covers the operation of statutory modifications of the common law in each jurisdiction, the specific defences applying to Internet intermediaries, the European Union's Electronic Commerce Directive and comparative case-law from the United States. It also contains a substantial treatment of the relevant principles of jurisdiction and choice of law. The work contains a clear andnon-technical explanation of how the Internet works and the various ways in which it is used to publish material. Common Internet terms are defined in a glossary. Relevant legislation has been extracted and reproduced. As this is a field in which there are, as yet, few authorities and a large number of untested issues, the author's systematic approach towards the cause of action, defences and remedies, coupled with the frequent use of contextual examples, means this work will maintain its relevance in this fast moving area of the law. The title will be an invaluable reference for practitioners, Internet professionals, and students alike.
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Table of Cases
Table of Statutes
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absolute privilege apply Australian Broadcasting Australian Broadcasting Corporation Australian Capital Broadcasting Act 1990 Broadcasting Services Act bulletin board postings cached clause 91 defence common law common law defence computer systems damages Defamation Act 1889 Defamation Act 1996 defamation actions defamatory material defamatory statement defence of innocent defence of qualified Demon Internet Demon Internet Ltd Directive on Electronic discussed in paras e-mail message EHRR Electronic Commerce England European F Supp facts Gatley Glossbrenner Human Rights hyperlink ibid imputation innocent dissemination Internet communications Internet content host Internet intermediaries Internet users IP datagrams legislation liability libel malice matter Newspapers Ltd Northern Ireland NSWLR operation plaintiff principles protection Pty Ltd qualified privilege Queensland radio reason recipient relevant Reports Scots law server slander South Wales statutory defences subordinate distributor Supreme Court Tasmania tion United Kingdom