LAW5325 Defamation law

This unit comprises a detailed study of Australia's current defamation laws, which consist of the uniform defamation legislation enacted by each State and Territory and the continued operation of relevant common law principles. In addition to identifying and analysing the elements of the cause of action, the operation of defences and remedies, the unit will consider how defamation trials are conducted from the perspective of both plaintiffs and defendants, including pleadings, choice of law principles which apply when defamatory matter is published across multiple jurisdictions and mode of trial. The unit will also offer some comparative analysis of corresponding principles in other jurisdictions (particularly the United Kingdom), explore the application of defamation laws to new media, and assess the advantages and disadvantages of the alternatives to defamation law. The unit will constantly reflect on whether Australia's defamation laws satisfactorily balance freedom of speech and the right to reputation.