Defamation Law

Subject LAWS70181 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

November, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Andrew Kenyon

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will include:

  • Free speech and reputation: Australia and the US
  • Choice of law and jurisdiction
  • The Anglo-Australian plaintiff's case: What is defamatory?
  • US defamation law: The legacy of New York Times v Sullivan
  • Australian defences: Truth and opinion
  • Privilege and fair reports
  • Pre-publication advice and litigation
  • Remedies.
Objectives:

A student who has successfully completed this subject should have:

  • A detailed understanding of the ways in which Anglo-Australian and United States defamation laws regulate free speech in relation to reputation
  • A professional ability to synthesise and apply the legal principles and respond to challenges posed by defamation law in relation to contemporary media practices
  • Well-developed techniques for evaluating the law and analysing divergent legal norms in Australian and US defamation law
  • A critical awareness of important defamation law reform proposals, drawing on comparative materials.
Assessment:

Take-home examination (100%) (14-17 January 2011)
or
10,000 word research paper (100%) (17 February 2011) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au

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