Handbook

The broad aims of this course are twofold: first, is to consider the significant restraints that defamation law and associated causes of action place on what can be published by the media; and second, is to consider whether the extent and scope of such restraints are appropriate. These aims are pursued through a detailed analysis of defamation law in Australia, as well as by looking at many of the practical aspects of defamation law that contribute to its impact on media freedom.  There is also scope for theoretical, comparative and historical analysis.  Why do we value reputation?  How should we protect it?  How do other jurisdictions approach these questions? Particular focus is placed on questioning the appropriate balance between the protection of personal reputation and the media's perceived role in a democratic society.

Main Topics

• history and theory of defamation law and the protection of reputation
• overview of theoretical aspects of freedom of speech, the media and democracy
• defamation: the cause of action in Australia
• defences to defamation
• conflict of laws and jurisdiction, particularly in the context of internet publications
• practical aspects of defamation
• alternatives to defamation
• defamation law in the context of digital media

This course assumes an understanding of foundational legal principles. Students who do not hold an LLB/JD or equivalent should take the LLM foundations course LAWS8213 Legal Concepts, Research and Writing before or concurrently with this course.