Melbourne Law School - Research Publications

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    Blurring the Lines: Market-Driven and Democracy-Driven Freedom of Expression
    Edstrom, M ; Kenyon, A ; Svensson, E ; Edstrom, M ; Kenyon, AT ; Svensson, E-M (Nordicom, 2016)
    This book focuses on challenges from the market to free speech and how free speech can be protected, promoted and developed when lines between journalism and advertising are blurred. With contributions from 20 scholars in law, media studies and philosophy, it explores an issue deserving greater attention, market pressures on freedom of expression. The role of commercial constraints on speech, restrictions and control of media content and the responsibility of state institutions in protecting free speech are some of the topics scrutinized from a democratic free speech perspective.
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    Defamation, Privacy and Aspects of Reputation
    Kenyon, AT (York University, Osgoode Hall Law School, 2018-09-01)
    Unlike the commonplace statement that defamation law protects reputation, this article suggests that it only protects aspects of reputation. Previously, defamation was often the only avenue of legal protection for reputation worth examining, but now privacy actions also offer an avenue of protection for aspects of reputation in many jurisdictions. In other words, informational privacy law now protects aspects of reputation, as does defamation law. Recognizing this fact leads to the suggestion that exactly what each action—defamation and informational privacy—seeks to protect could be stated more concisely. This exercise, undertaken in this article, draws on classic defamation law analysis by Thomas Gibbons. Restating the law in this way would reform defamation law, clarifying and simplifying how it and privacy law coexist, and could offer a useful path for addressing more technical arguments about the boundaries between the actions or the ways in which they should be reconciled.
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    WHOSE CONFLICT? COPYRIGHT, CREATORS AND CULTURAL INSTITUTIONS
    Kenyon, AT ; Wright, R (UNIV NEW SOUTH WALES, FAC LAW, 2010)
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    Defamation: Comparative law and practice
    Kenyon, AT (UCL Press, 2013-01-01)