LAW5325 · Defamation law

Overview

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.

Offerings

The Handbook publishes no offerings for this unit.

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Apply knowledge and understanding of recent developments in relation to, Australian defamation law with creativity and initiative to new situations in professional practice and/or for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to defamation law;
3. Conduct research in defamation law based on knowledge of appropriate research principle and methods; and
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to defamation law.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.