As global markets continue to open to businesses and other ventures wishing to expand beyond the boundaries of their home nations, firms, be they commercial, journalistic, NGO, academic or otherwise, must constantly be aware of the looming legal hazards that attach themselves to the contentious issues of libel and privacy throughout the world. The International Libel & Privacy Handbook is a critical reference that anyone, wishing to have more than personal connections outside of their home country, should be not only prepared to consult, but should be eager to review for a better understanding of the alien environment that he or she may be diving into.
The book has four parts divided into 24 chapters plus an introductory section designed to familiarize those readers who do not possess a background in media law about the basic concepts related to libel and privacy. There are 21 basic questions addressed that lay the framework for later chapters in the volume. Additionally, the editor's preface instills a decent sense of gravity regarding free speech and the controversial nature of this concept throughout the world. Mr Glasser through the use of real world examples is able to transmit the complex nature of libel to the neophyte in this area of law. Glasser's five guiding principles outlined in the preface are sage advice for those involved in communications of a transnational nature.
Each chapter of the first three sections is set up on a uniform system. First a brief introduction to each selected nation's legal system and its related outlook on media related laws is provided to the reader. This introduction is followed by detailed answers to the 21 questions posed in the introduction. Part one of the book addresses the Americas. This section, while very important to most readers of the text, falls short in its total inclusion of nations to be considered. Brazil, Canada and the USA are discussed here yet readers may be placed at a disadvantage because many other important Latin American nations are not discussed. The inclusion of Canada and the USA was absolutely essential to any discussion of this topic. Canada and the USA have the largest trading relationship on the planet; almost US $2 billion in two‐way trade crosses the Canada/USA border on a daily basis. Canadian media law differs greatly from that of the US and having answers to what may or may not be free speech is of critical importance to those interacting with that system. Yet by excluding Mexico, a chance to understand the total range of media law within the NAFTA framework has been missed. Additionally understanding media law in other Latin American nations such as Argentina, Chile, Peru, Colombia, Venezuela, Panama and Costa Rica may be critical if the idea of a Free Trade Zone of the Americas ever comes to fruition.
The book's strongest point may be with part two and the review of Asia, including Australia. The critical chapter in this part deals with media law in China. This chapter is opened with a discussion of defamation and Chinese law. The 21 questions are answered followed by an informative appendix entitled “Navigating Media Law in China.” This appendix is crucial given its discussion of restricted topics, prohibited articles and sensitive topics. Understanding media law in China, which will soon surpass the USA as the world's largest economy, will be vital to successful foreign business practices in that country. Hong Kong's legal system follows in the next chapter which is important given Hong Kong's unique status within China and that it will have laws that vary from those of the PRC for several decades. Wisely the inclusion of India, Japan, Singapore and Korea provide a broader understanding of media law within those vibrant Pacific Rim and Central Asian economies. Yet the one East Asian Tiger excluded from the list was Taiwan. Given that trade relations with Taiwan are likely to continue for the foreseeable future, an understanding of the appropriate media laws perhaps would have been fortuitous, especially if competitive enterprises decide to manipulate the tension between the PRC and Formosa for purposes of advertising or other propagandist promotion. The other nation that should have been discussed in this section is Vietnam. As this former adversary of the USA continues to open its markets to the world, an understanding of how media law works in that nation will be important to those wishing to be more knowledgeable.
Part three of the book devotes nine chapters to Europe. The topic of media law under European Union jurisdiction is not addressed as a separate chapter but the book does examine the way media law is approached in seven EU nations (Belgium, France, Germany, Italy, The Netherlands, Spain and Great Britain). Rather than covering all of the United Kingdom, given its complex system involving three distinctive jurisdictions, a discussion of England and Wales is provided to the reader (Scotland and Northern Ireland are excluded but touched on briefly in the introductory remarks). The two non‐EU nations discussed in this section are the Russian Federation and Switzerland. The discussion on Russian law is quite interesting given there are both criminal and civil elements to the locally accepted definition of libel. There is also a fair discussion on media law and the internet under Russian jurisdiction. The chapters covering the EU nations provide valuable insight into the (sometimes minute or sometimes blatant) differences between nations regarding what is or is not covered under the statutes regarding libel and privacy. After reading these chapters one may come away with a better appreciation for the daunting task that Members of the European Parliament have before them in setting up common European laws and regulations.
The final part of the book devotes five chapters to issues of global interest within media law. Chapter 20, co‐authored by the editor, may be the most relevant piece in the text. As the internet becomes more ubiquitous around the globe, more opportunities and challenges of a legal nature will emerge particularly since the internet is the one of the last realms of anarchy on the planet. The authors' discussion of trademark, copyright, data collection and privacy issues on the internet provides a good overview considering that these topics individually will most likely occupy volumes of treatises by legal scholars for years to come. The remaining chapters on publishing issues, foreign judgment enforcement, fair use and UK privacy claims would make for good case studies in courses centering on business or media law.
As a reference, the book does a wonderful job of informing the reader about basic, yet important differences world wide regarding a very litigious area in modern society. While the book fails to include some arguably important nations in its discussion of international laws it does provide valuable information on nations where a good deal of American and European Union business concerns operate. It should be noted, however, that in this book no African nations are included, nor is there any discussion of this important subject matter as it exists in Middle Eastern or major Islamic countries. This may be a fatal flaw as those wishing to understand media perceptions and legalities in these parts of the world could be at a disadvantage as they must rely on another text for this information.
This book will serve as a first‐rate resource for those interested in the basics of media law, libel and privacy issues in First World, G‐8 and other economically important nations. The prose is highly readable and can easily be understood by those who have not attended law school. This would be an excellent text for comparative media law, business law or graduate level special topics classes in marketing, legal studies or mass communication.
