Southwestern Law School Los Angeles, CA

News Release

New Issue of Entertainment Journal Explores Issues of Defamation and Trademark Law July 18, 2012
New Issue of Entertainment Journal Explores Issues of Defamation and Trademark Law

Volume 4, Issue 1 of the Journal of International Media and Entertainment Law (JIMEL) has been published. According to Professor Michael Epstein, the Journal's editor, "In this issue, we have a number of first-rate articles covering both media and entertainment issues of global significance. Three of the articles are the scholarly fruits of JIMEL's colloquium on international defamation law, held last year at Southwestern Law School in Los Angeles."

The first of these articles by Profesor Kyu Ho Youm, the Jonathan Marshall First Amendment Chair at the University of Oregon, offers a far-reaching critical analysis of the ways in which actual malice, a mainstay of defamation law in the U.S., has been adapted and reimagined in other jurisdictions around the world. Building upon years of research, Professor Youm chronicles the emergence of actual malice equivalents in other countries and frames the issue in the context of political discourse and press freedoms.

Another colloquium contributor, Professor Emeritus David Goldberg of Glasgow University and a co-founder of the University of Oxford's comparative media law program, has produced a comprehensive analysis of recent reforms - both proposed and adopted - of libel law in England. Revisiting the widely held perception that London is a jurisdiction that is hostile to media, Professor Goldberg offers a narrative of more nuanced and balanced reform initiatives that suggest that many in Britain have not been complacent in the status quo. 

The third colloquium article by Professor Michael D. Scott, a member of the Southwestern faculty, is a comparative analysis of rights of reply and correction to new media. After addressing recent developments in Europe on the topic, Professor Scott contemplates reform of Sec. 230 of the U.S. Communications Decency Act, which currently provides websites with a broad grant of immunity to liability for third-party defamation.

According to Professor Epstein, also included in this issue is "an excellent appraisal of the first amendment implications resulting from the increasing 'cross-pollination' of trademark law and the right of publicity. Scholar-practitioners Celeste H.G. Boyd and Stuart Paynter focus specifically on reality-based video games, and the speech defenses argued in the U.S. case of Keller v. Electronic Arts, currently on appeal in the Ninth Circuit."