Description
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-Zencovich
Trade 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, UK
Table 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
