Rolph on Defamation Second Edition - Book+eBook

“… a vital contribution, not only to the identification and clarification of defamation law, but to the law reform debate generally … If defamation law reform is to go back onto the legislative drawing board, this book will be an essential reference text.” – Judge Judith Gibson, District Court of NSW, Gazette of Law & Journalism, December 2015

Rolph On Defamation Second Edition provides a comprehensive, up-to-date account of Australian defamation law. This work provides both a practical resource and an explanation of the historical background and current sources of Australian defamation law. 

Cited by the High Court of Australia in its first edition, this work has already been recognised as a defining yet highly accessible voice on this specialised field of law, since its initial release in 2015.

David Rolph analyses the competing interests underlying defamation – the protection of reputation and freedom of expression – and considers in detail the requirements of the plaintiff’s case for defamation, the range of available defences and the remedies which may be awarded.

As well as focusing on the tort of defamation, this work examines criminal defamation and civil causes of action which may overlap with it.

Critically for both practitioners and students, this work explores a range of practical questions relating to concerns notices, offers of amends, capacity arguments, directions for juries, particulars, interlocutory applications particular to defamation, damages and injunctions.

New developments in the Second Edition include:

• The implications of the High Court of Australia's decisions in Fairfax Media Publications Pty Ltd v Voller and Google LLC v Defteros;
• The introduction of serious harm to reputation as a new element of the cause of action;
• The reformulated defence of contextual truth;
• The introduction of the new public interest defence;
• The reformulation cap on damages for non-economic loss; and
• The Federal Court's jurisdiction over pure defamation claims.

Rolph On Defamation Second Edition strikes the necessary balance between essential practical guidance, rigorous doctrinal analysis and the historical context of the law, providing both practitioners and students of defamation law with the ideal text on the subject.

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Acknowledgements

Foreword             

Chapter 1            Introduction

Chapter 2            The Competing Interests in Defamation Law

Chapter 3            The History and Sources of Defamation Law

Chapter 4            Criminal Defamation

Chapter 5            Preliminary Matters

Chapter 6            Defamatory Capacity and Meaning

Chapter 7            Identification

Chapter 8            Publication

Chapter 9            Serious Harm

Chapter 10          Justification

Chapter 11          Absolute Privilege

Chapter 12          Qualified Privilege

Chapter 13          Protected Reports

Chapter 14          Fair Comment and Honest Opinion

Chapter 15          Miscellaneous Defences

Chapter 16          Damages

Chapter 17          Injunctions

Chapter 18          Offers of Amends and Other Remedies

Chapter 19          Causes of Action Other Than Defamation