Defamation law, slander and libel Books

Book SynopsisProviding 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-ZencovichTrade Review'Comparative Privacy and Defamation couldn't be more timely and relevant to freedom of expression academics and practitioners in the global 21st century. More wide-ranging and in-depth than other similar publications, the book is a remarkable contribution to international, foreign, and comparative law. Its topical comprehensiveness and authorial diversity and prestige will make the volume a must read for those interested in the subject.' --Kyu Ho Youm, University of Oregon, US'Wragg and Koltay's thought-provoking book makes an important contribution to the literature. They have brought together an impressive group of experts from the world scene. Whereas most books speak narrowly to the Western picture of defamation and privacy law, theirs is a refreshing take by bringing in wider, global perspectives. In doing so, they are strikingly effective in raising new ideas and asking new questions at a time when the political climate is calling out for both.' --Alastair Mullis, University of Leeds, UKTable of ContentsContents: Introduction Paul Wragg and András Koltay Theoretical considerations 1. The origins and development of the right to privacy John Campbell 2. Privacy and incrementalism Thomas D.C. Bennett 3. Theories of reputation Jan Oster 4. Separated by a common language: The anti-paternalism principle in US and English defamation and privacy law Paul Wragg Privacy laws compared 5. Weighing content: Can expression be more or less important? Categorical or case by case balancing and its (respective) disposition to rank relevance of communication Matthias Cornils 6. What is it the public has a right to know? The right to privacy for public officials and the right access to official documents – European and Swedish perspectives Jane Reichel 7. Do we need to separate privacy and reputation? USA, Europe and Korea compared Kyung Sin Park 8. Public Image (Un)Limited: Privacy rights of the photographic subject in England and New York compared Rebecca Moosavian 9. What newsworthiness means Amy Gajda 10. Defamation by photo-manipulation under New Zealand law S. Che Ekaratne Data protection 11. A European and German perspective on data protection law in a digitised world Sebastian Bretthauer 12. Right to be forgotten in the global information economy Joanna Kulesza 13. Enforcing privacy through individual data access rights – a comparative study Rolf H. Weber and Dominic N. Staiger Defamation laws compared 14. Defamation: A half-century of changes (more or less) Russell L. Weaver 15. A comparative analysis of the treatment of corporate reputation in Australia and the UK Peter Coe Defamation, PRIVACY and New technologies 16. Liability of Internet intermediaries for defamation: Beyond publication and innocent dissemination David Rolph 17. Defamation on the Internet: The role and responsibilities of gatekeepers András Koltay 18. Privacy, remedies and comity: The emerging problem of global injunctions and some preliminary thoughts on how best to address it Ron Krotoszynski Country chapters 19. Free speech and the rights relating to the personality involving politicians in French law Guilhem Gil 20. Italian defamation and privacy law from a comparative perspective Vincenzo Zeno-Zencovich 21. Canadian defamation and privacy law in comparative context David Mangan 22. Privacy and defamation in Australia: A post-colonial tango, or the operation of privacy and defamation in Australia without formal constitutional free expression protections Mark Pearson and Virginia Leighton-Jackson 23. South Africa’s reasonable publication defence and the United Kingdom’s public interest defence: Two sides of the same coin? Dario Milo 24. Defamation and privacy law in Japan – from a comparative perspective Jun Shimizu 25. The Chinese defamation law four decades on (1979–2019): Legal rules versus political uncertainties Mei Ning Yan Index

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Book SynopsisDo the dead have rights? In a persuasive argument, Don Herzog makes the case that the deceased's interests should be protectedTrade Review“This fascinating book is not merely about defamation and death but about rationality, the nature of human interests, and what we value and why we value it. Herzog offers for all of these topics interesting arguments, fascinating puzzles, and constant provocation to think and to contemplate.”—Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia"The conclusion of this book—that it ought to be possible to recover damages for defamation of the dead—is hardly an earth-shattering thesis in public policy. But the route that Don Herzog takes to his conclusion is beautifully laid out, sparkling with history, anecdote, and argument, all presented in his inimitably engaging style."—Jeremy Waldron, New York University"Don Herzog explores an odd corner of tort law--defamation and other cases on behalf of the dead--to make the case that individuals really do have interests in what happens after they are dead, and that the point of tort law is to vindicate individual interests. A must-read for those who deny that the dead have interests; a terrific romp for those who think they do.—Elizabeth Anderson, John Dewey Distinguished University Professor of Philosophy and Women's Studies, University of Michigan, Ann Arbor

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Book SynopsisThis unique and controversial book will appeal to judges, defamation law practitioners and scholars in various common law jurisdictions, media outlets, academics engaged in researching and teaching torts and media law, as well as those working within the disciplines of media or communications studies and psychology.Trade ReviewThis refreshingly original work is an essential addition to the libraries of all defamation aficionados. Through empirical evidence, including interviews with judges and practitioners, and surveys of the general public, Dr Baker convincingly demonstrates the human propensity to overestimate the negative effect that defamatory imputations may have on other people (''the third person effect''). The conventional ''ordinary reasonable person'' test becomes in practice an ''ordinary unreasonable person'' test, regrettably lowering the defamation threshold and further curtailing freedom of communication.' --- Michael Gillooly, The University of Western AustraliaTable of ContentsContents: 1. Introduction Part I: Asking the Defamation Question 2. Formulating the Test for Defamation 3. Refining the Test 4. Applying the Test Part II: Answering the Defamation Question 5. The Lawyers’ Answers 6. The Public’s Answers 7. The Third-Person Effect 8. Accommodating the Third-Person Effect 9. Conclusion Bibliography Index

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Book SynopsisDuncan 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'

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Book SynopsisShould digital platforms be responsible for intimate images posted without the subject’s consent? Could the viewers of such images be liable simply for 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 EU and US solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.Table of Contents1. Introduction: Egalitarian Digital Privacy 2. Setting the Ground: The Intermediary Liability Debate and Framing Issues 3. First Principles and Occupiers’ Liability: The Case against Immunity 4. Property and Privacy: The Case for Strict Liability 5 Property and Privacy: Objections and Possible Extensions 6. The Policy Debate: Uniqueness of Harm from NCII 7. The Policy Debate: Freedom of Expression and Financial Costs of Filtering 8. The Easy Case for Viewers’ Liability: Child Pornography and Apportionment of Liability 9. Viewers’ Liability: Intention and Objective Fault 10. The Power of Property: Strict Liability for Viewing NCII 11. Scope of Liability for Breaches of Privacy 12. Is Suing Viewers Practicable? 13. Conclusion

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Book SynopsisOffering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming.This book presents conceptual, normative, and descriptive insights of shaming by individuals, groups, and the state. Defining shaming as the deliberate dissemination of information likely to harm the reputation of whomever is shamed, chapters consider the historical, philosophical, sociological, economic, political, cultural, and legal aspects of shaming. The book offers novel insights into when and how shaming can be utilized by the law, for example by judges and environmental corporate regulators, and when shaming impedes justice, such as in family disputes, tax tribunals, and on social media.Advancing recent public debates, this book will be a fascinating read for legal scholars and students interested in the definition and regulation of shaming. It will also be an invaluable guide for legal practitioners seeking to understand what role shaming can legitimately play in their field.Trade Review‘The days of the Scarlet Letter may be over but shaming has been modernized and weaponized in a variety of ways, including on social media. But this is not a collection of anecdotes about the victims of digital shaming. This is an important collection that acknowledges shaming as a serious point of academic inquiry. It is a rich and refreshing look at shaming from multiple perspectives that explores many pitfalls but also the many promises of modern shaming punishments, including how shaming has been used in regulating large companies.’ -- Jennifer Jacquet, New York University, USTable of ContentsContents: Preface xi PART I WHAT IS SHAMING? DEFINING THE CONCEPT AND ITS LIMITS 1 Introduction: Shaming – Definition, Historical Origins and Contemporary Proliferation of an Elusive Concept 2 Meital Pinto and Guy Seidman 2 Shaming: Should Law Treat it as the Staining of Honor, or as an Offense to Human Dignity and Respect? 28 Orit Kamir 3 Internal Cultural Outcasting as a Means of Enforcing Cultural Norms 56 Gershon Gontovnik PART II SHAMING AND REPUTATION 4 When Does Corporate Shaming Translate into Reputational Fallouts? 79 Roy Shapira 5 Sharing “Bad Shaming” on Social Networks 101 Michal Lavi PART III SHAMING FROM THE LEGAL PROCESS PERSPECTIVE 6 The Process is the Shaming: Criminal Procedure vs. Human Dignity 129 Asaf Harduf 7 Judicial Shaming 151 Guy Seidman and Matan Szatmary 8 Shaming in Family Disputes Terminating in Divorce: Exploiting Parental Alienation 174 Daniella Assaraf PART IV REGULATORY SHAMING 9 Shaming and the Environmental Arena 200 Shirley Naveh 10 Government Regulation by Eco-Shaming Corporations: Balancing Effectiveness and Fairness 225 Sharon Yadin 11 Shaming by Bank Regulators: Methods and Applications 249 Ruth Plato-Shinar 12 Shaming Under the Cover of Tax Law in Anglo-American Jurisdictions 272 Limor Riza Index 294

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Book SynopsisThe 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.Trade ReviewThe Making of the Modern Law of Defamation is an excellent piece of work and a welcome addition to the literature dealing with the history of defamation law. It is a scholarly, yet highly readable, monograph...The book is characterised by painstaking research, erudite analysis and a clarity of expression and structure that makes it a joy to read...this book is thoroughly researched, beautifully written and contains a wealth of material to delight the defamation aficionado. It is worthy of a place on any defamation bookshelf. Michael Gillooly Torts Law Journal No 3 The most striking features of this book are its conciseness and preciseness...a rich source of references to many important and some less widely known academic works on the history of defamation law Marie McGonagle The Irish Jurist, Vol XL 2005 ...a very well-written and interesting book. It deserves to be read as a whole, and there are thought-provoking arguments throughout...For the tort of defamation, there can be no excuses for such historical ignorance, with the advent of Paul Mitchell's fine book. Every serious student of the law of torts should read it. Jonathan Morgan The Law Quarterly Review, Vol 122 Oct 06 ...provides considerable food for thought as to the appropriate classification of the law of defamation...this is an excellent book that anyone interested in the modern law of defamation should read. Mark Lunney The King's College Law Journal, Vol 17, Issue 1 2006 ...a fascinating account...the case reports he considers provide a wealth of historical curiosity...a succinct and useful study of one of the most venerable parts of the common law. The scope of the book is considerable...valuable to both practitioners and academics who seek a deeper understanding... John Townsend Common Law World Review Spring 2006 As the complexity of defamation law grows, the space devoted in most textbooks to an analysis of its historical origins has been shrinking. It is a welcome relief, therefore, to a see a book devoted to just such an analysis...this is an eminently readable book. The Commonwealth Lawyer, Vol 14, No 3 Dec 05 [Mitchell] demonstrates convincingly how the law lost the internal coherence it possessed in the early 1800's, and does an excellent job of explaining its current oddities and anomalies... J. Townsend European Tort Law 2005 (Tort and Insurance Law Yearbook) 2006Table of ContentsPART I: THE CLAIMANT’S LOSS 1 LIBEL AND SLANDER 2 INTERPRETATION 3 DAMAGES 4 INJUNCTIONS PART II: THE DEFENDANT’S WRONG 5 FAULT IN ORDINARY LIABILITY 6 SECOND PUBLISHERS 7 QUALIFIED PRIVILEGE 8 FAIR COMMENT 9 ABSOLUTE PRIVILEGE 10 REPORTS 11 CONCLUSION

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