Comparative Privacy and Defamation
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Comparative Privacy and Defamation

Edited by András Koltay and Paul Wragg

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law.
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Chapter 11: Defamation by photo manipulation under New Zealand law

S. Che Ekaratne

Abstract

In instances of unauthorised photo manipulation, defamation law can sometimes provide redress to the person whose image has been altered. This chapter analyses three aspects of New Zealand defamation law particularly relevant to photo manipulation, with comparative references to English law. The chapter also examines real life examples of unauthorised photo manipulation and critically evaluates whether they would be defamatory under current New Zealand law. These examples include a well-known English passing off case and a New Zealand incident comparable to an English defamation case. The chapter identifies contexts in which New Zealand defamation law may not be a useful tool against unconsented photo manipulation, including the effect of accompanying ‘disclaimer’ text on the defamation analysis.

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