Monash University Law Handbook, 1997

LAW4140

Liability for tortious communications 406

Professor F A Trindade

6 points
* Three 1-hour lectures per week
* One semester
* Clayton

Objectives Students who successfully complete this subject should (1) acquire a good understanding of the balance which the law attempts to achieve between freedom of speech and the protection of reputation; (2) be in a position to examine statements both oral and written and advise whether those statements, when published, are likely to be considered defamatory by the courts; (3) be in a position to advise a person who has been defamed in relation to the remedies available; (4) be able to advise on the liability of a person who wrongfully uses confidential personal information or discloses it to a third party; and (5) be able to examine the legal content conveyed in this course through different perspectives and in particular form a view on whether the laws of defamation and confidentiality of information adequately reflect the changing needs of contemporary multicultural society.

Synopsis Two major restraints on freedom of speech are the law of defamation and the action for breach of confidence. This subject involves a study of these two restraints. The High Court of Australia has recently considered, in several cases, the balance between freedom of speech and protection of reputation. This consideration may well signal a shift towards a uniform law of defamation in Australia. These matters and the reform of the law of defemation will be examined in this subject.

Assessment Written research assignment (2500-3000 words) or class test: 30%
* Final written examination (3 hours): 70%

Texts

New South Wales Law Reform Commission Defamation (Report No. 75) 1995

Australian Law Reform Commission Unfair publication: Defamation and privacy (Australian Law Reform Commission Report No. 11) AGPS, 1979

Wrongs Act 1958 (Vic.) as amended

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