LLAW3239 Defamation Law and Policy

2016

4.5

1 x 2-hour seminar weekly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 18 units of second year LLAW topics
3 LLAW2212 - The Constitution and the Australian Federation [International / Comparative I]
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

LLAW3110 has been successfully completed

Project work approximately 3 hrs per week.

This topic constitutes an in-depth study of the law of defamation: its history, its elements, defences to it, remedies for it and policy issues it raises. Particular emphasis will be placed on the relationship between defamation law and freedom of speech; the application of defamation law to particular types of communication, such as satire; actual and proposed reforms to the common law; and the content of defamation law in other jurisdictions.

This topic aims to assist students to:

• understand in depth the elements of defamation, defences to it, remedies for it and proposals for its reform
• analyse critically the balance defamation law strikes between freedom of speech and of the press on the one hand and the interest in reputation on the other
• appreciate the role and interests of different stakeholders in the reform process

Students completing the topic should be able to:

• apply the substantive law of defamation to an unseen fact situation
• make informed predictions of the impact of defamation law on communication-related activities
• contribute to debate on reforms and reform proposals relating to defamation law
• contribute constructively to a group project on comparative defamation law
• verbally express such applications, predictions and contributions