Defamation Law (LAWS70181)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
November
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There is no international consensus as to an appropriate balance by defamation laws between freedom of expression and the protection of reputation. The increasingly cross-border nature of communications has heightened the potential for conflict between different jurisdictions’ laws. This subject examines Australia’s defamation law and practice alongside a close analysis of other important common law jurisdictions, particularly the United Kingdom and North America, to enable students to analyse, apply and critically evaluate defamation laws in contemporary contexts.

Indicative list of principal topics:

  • Elements of the cause of action: publication, identification, defamatory meaning
  • Truth-related defences
  • Fair comment and honest opinion
  • Privilege and fair report defences
  • Other defences
  • Jurisdiction and choice of law
  • Remedies and practice
  • Related causes of action
  • English and American defamation law: comparative focus.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated detailed understanding of the ways in which Australian defamation laws regulate free speech and the right to reputation
  • Have a sophisticated appreciation of the key differences between Australian defamation laws and the defamation laws of other important common law countries, principally England and the United States
  • Be able to examine critically and analyse independently the law and divergent legal norms in Australian, English and American defamation law
  • Have a detailed appreciation of how modern and global media of communication have challenged traditional principles for regulating freedom of speech and the right to reputation.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

Students must meet one of the following prerequisite options:

EITHER

Admission into a relevant Melbourne Law Masters program and successful completion of

Code Name Teaching period Credit Points
LAWS70217 Fundamentals of the Common Law
March (On Campus - Parkville)
September (On Campus - Parkville)
April (On Campus - Parkville)
August (On Campus - Parkville)
 12.5

OR

Have completed a degree from a common law background

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers. 

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 4 March 2025

Assessment

DescriptionTimingPercentage

Option 1: Take-home examination

  • 5000-6000 words
9-12 January 2026100%

Option 2: Research paper on a topic approved by the subject coordinator

  • 8000 words
21 January 2026100%
Hurdle requirement: A minimum of 75% attendance. Throughout the teaching periodN/A

Additional details

Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

  • November
    Principal coordinatorJason Bosland
    CoordinatorMatt Collins
    Mode of deliveryOn Campus (Parkville)
    Contact hours36
    Total time commitment150 hours
    Pre teaching start date15 October 2025
    Pre teaching requirementsPlease refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. 
    Teaching period12 November 2025 to 18 November 2025
    Last self-enrol date20 October 2025
    Census date14 November 2025
    Last date to withdraw without fail19 December 2025
    Assessment period ends30 January 2026

    November contact information

    Teaching staff:  

    Jason Bosland (Subject Coordinator)  

    Matt Collins

    For current student enquiries, contact the Law School Academic Support Office  

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists. 
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options. 

Last updated: 4 March 2025

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available via the LMS in the pre-teaching period.

  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseMaster of Commercial Law
    CourseGraduate Diploma in Communications Law
    CourseMaster of Laws
    CourseGraduate Diploma in Laws
    CourseMaster of Public and International Law
  • Links to additional information

    law.unimelb.edu.au

  • Available through the Community Access Program

    About the Community Access Program (CAP)

    This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.

    Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants

    Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.

    Additional information for this subject

    If subject coordinator approval is required, or for further information about Community Access Program study, please contact us   

    (enquiries for current students | enquiries for prospective students). 

  • Available to Study Abroad and/or Study Exchange Students

    This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.

Last updated: 4 March 2025