An Awkward Debate About Defamation: Is Libel Law Compatible with the Internet?
! ! LLM Dissertation ! ! ! ! ! ! An Awkward Debate About Defamation: ! Is libel law compatible with the internet? ! ! ! ! ! ! Word Count: ! 15,000 ! ! ! ! ! ! ! ! By Richard Murtagh, University of Birmingham. ! Part 1: Extended Introduction ! “ It is inconceivable that the courts should continue to struggle forever with a monstrous fungoid growth of law which has sprung up without rhyme or reason, entirely haphazard, and with no thought as to its consequences. ” 1 ! — Professor William Prosser on libel law (1953) ! ! Between the sheer wealth of academic commentary on defamation, and the many decided cases on same, there is material enough to inspire a PhD thesis, let alone an LLM dissertation. Indeed, one’s first discovery in researching defamation law, especially in a technological context, is that so many issues are inter-connected, meaning discussion of one feels incomplete without limited discussion of others. Therefore, by way of an extended introduction, it is proposed to give an overview of the role that defamation law plays in society, the controversial distinction it has long made (and will continue to make) between printed and spoken words, and the obvious difficulty of applying this distinction to modern communications mediums — especially the internet. It is also proposed to set some boundaries on this discussion, thereby establishing which issues warrant closer analysis, and which issues do not. In particular, it will be necessary to address a few alternative debates, if only to dispose of these summarily. 1 Charlotte Waelde, Lilian Edwards, ‘Defamation and the Internet: A case study of anomalies and difficulties in the information age’ (1996) 10 IRLCT 263. !2 Note, too, that this paper will focus throughout on personal defamation (scorn heaped upon the good name of an individual), not business or professional defamation.
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