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Freedom of Expression and Freedom of the Media

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0003
Subject:
Law, Law of Obligations, Human Rights and Immigration

This chapter explains the legal significance of freedom of expression and the media in England, South Africa, Australia, and the USA, in the context of defamation law. The chapter proceeds as ... More


Aspects of Damages and Costs

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0007
Subject:
Law, Law of Obligations, Human Rights and Immigration

This chapter discusses a number of issues relating to damages awards in defamation law, specifically, the presumption that the claimant has suffered damage to his reputation, the availability of ... More


Fault and Defamation Liability

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0006
Subject:
Law, Law of Obligations, Human Rights and Immigration

This chapter explores the issue of fault in defamation law. Part B argues that even before defences such as that of responsible publication developed at common law, the question of whether the ... More


Defamation and Freedom of Speech

Dario Milo

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.001.0001
Subject:
Law, Law of Obligations, Human Rights and Immigration

The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression and the right to reputation. The rules of defamation law are designed to mediate between ... More


Alternative Remedies

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0008
Subject:
Law, Law of Obligations, Human Rights and Immigration

This chapter considers alternative remedies in defamation cases with emphasis on remedies that courts should consider in holding the balance between freedom of expression and reputation. The chapter ... More


Introduction

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0001
Subject:
Law, Law of Obligations, Human Rights and Immigration

This introductory chapter begins with a brief discussion of the main purpose of this book, which is to address the question of whether the civil law of defamation, more particularly in its common law ... More


Conclusion

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0009
Subject:
Law, Law of Obligations, Human Rights and Immigration

This concluding chapter reviews the discussions in the preceding chapters. It argues that for purposes of constitutional law, a distinction must be made between public and private defamatory speech. ... More


The Protection of Personality Rights

Jonathan M. Burchell

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0020
Subject:
Law, Legal History

The actio iniuriarum became the general remedy for aggressions upon person, dignity, and reputation long before the time of Justinian. This chapter on the development of the action on South African ... More


Concluding Thoughts: The Legality and Politics of Hatred

Robert Post

in Hate, Politics, Law: Critical Perspectives on Combating Hate

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190465544
eISBN:
9780190465568
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190465544.003.0013
Subject:
Sociology, Law, Crime and Deviance

This chapter reflects on the volume as a whole. It asks how we should imagine and deal with hatred within a legal order that is both liberal and democratic. The chapter traces the traditional ... More


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