Dr Jelena Gligorijevic
ANU College of Law, Bld 7, Fellows Rd, Acton ACT 2600
ANU College of Law, 5 Fellows Rd, Acton ACT 2600
Research Themes
Research Centre
Research interests
Biography
Dr Jelena Gligorijevic specialises in media law, and constitutional law and theory, with particular interest and expertise in privacy law.
Dr Gligorijevic holds a PhD from the University of Cambridge (Trinity College), and an LLM (First Class Honours) also from the University of Cambridge. Her LLB (First Class Honours) and BA (German, and Political Science) are from the University of Canterbury, New Zealand.
Her doctoral work, which has been cited in the Cambridge Law Journal (2019), examined the nature and resolution of rights conflicts by common law courts, focusing on the conflict between privacy and freedom of expression. Her PhD was conferred by the University of Cambridge in 2020.
Dr Gligorijevic's article on an Australian common law tort of interference with privacy will be published in the UNSW Law Journal in 2021. Her article on children’s privacy was published in the Human Rights Law Review, and her article on privacy and proportionality was published in Public Law. She has also published in the Journal of Media Law, on open justice, privacy and freedom of expression, and in the New Zealand Law Journal, on parliamentary privilege.
Dr Gligorijevic’s 2019 UKCLA note, ‘Unconstitutional Abuse of Parliamentary Privilege’, was cited by the Lord Chief Justice of England and Wales in his Commonwealth Law Conference address. Her other commentaries on constitutional and media law have been cited by scholars in the UK, US, Israel and Australia, including her 2020 note on 'Government Accountability for the Lawfulness of Lockdown', cited in the Public Law Review.
Dr Gligorijevic is currently assisting with a major government-funded review of Tasmania's privacy laws.
In addition to her own scholarship on privacy law, Dr Gligorijevic has been invited to write book reviews on the literature on privacy law, including, most recently, by the Cambridge Law Journal.
Dr Gligorijevic has been invited to present her work to the Cambridge Centre for Public Law; Cambridge Forum for Legal and Political Philosophy; Society of Legal Scholars; biennial Public Law Conference; Centre for Comparative Constitutional Studies, Melbourne; Trinity College, Dublin; McGill University, Montreal; Westfälische Wilhelms-Universität, Münster; KU Leuven; Università Degli Studi di Genova; and Trinity Forum, Cambridge.
Dr Gligorijevic is the founding convenor of the ANU Law & Philosophy Forum, which promotes research, discussion, and exchanges on various topics in law and philosophy, covering both private law and public law, both legal and political philosophy. Dr Gligorijevic is also the founding convenor of the ANU Media Law seminar series.
Before her studies at Cambridge, Dr Gligorijevic practised as a solicitor in commercial law in Wellington, New Zealand, specialising in public law and international trade.
Appointments
Editorial Board, Federal Law Review.
Fellow of the Higher Education Academy.
Member of the ANU Centre for Moral, Social and Political Theory.
ANU Law & Philosophy Forum, founding convenor.
Visitors Committee, ANU College of Law.
Significant research publications
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J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal (forthcoming).
- J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.
-
J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.
-
J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.
-
J Gligorijevic “Parliamentary privilege reaffirmed” [2014] NZLJ 393.
Book reviews:
- J Gligorijevic "Protecting Personal Information: The Right to Privacy Reconsidered by A Monti and R Wacks" (2020) 79(3) Cambridge Law Journal 192.
Media / Online articles:
-
J Gligorijevic “Freedom of expression, or protection from harm? Regulating online media”, 22 January 2021, ANU Crawford School of Public Policy’s Policy Forum (accessible at: https://www.policyforum.net/freedom-of-expression-or-protection-from-harm/)
- J Gligorijevic "(Un)lawful Lockdown and Government Accountability", 11 May 2020, Scoop Media (accessible at: https://www.scoop.co.nz/stories/HL2005/S00087/unlawful-lockdown-and-gove...)
- J Gligorijević "Government Accountability for the Lawfulness of Lockdown", 11 May 2020, UK Constitutional Law Association (accessible at: https://ukconstitutionallaw.org/2020/05/11/jelena-gligorijevic-government-accountability-for-the-lawfulness-of-lockdown-new-zealand-parliamentary-scrutiny-and-privileged-legal-advice/)
- J Gligorijević “Coronavirus, Media Reportage and Patient Privacy”, 7 March 2020, Inforrm (accessible at https://inforrm.org/2020/03/07/coronavirus-media-reportage-and-patient-p...)
- J Gligorijević “Forcing online platforms to remove footage of violent attacks: could privacy help?”, 21 March 2019, Inforrm (accessible at https://inforrm.org/2019/03/21/forcing-online-platforms-to-remove-footage-of-violent-attacks-could-privacy-help-jelena-gligorijevic/)
- J Gligorijević “Breaching Injunctions in Parliament: An Unconstitutional Abuse of Parliamentary Privilege”, 29 October 2018, UK Constitutional Law Association (accessible at: https://ukconstitutionallaw.org/2018/10/29/jelena-gligorijevic-breaching-injunctions-in-parliament-an-unconstitutional-abuse-of-parliamentary-privilege/)
- J Gligorijević “Upholding celebrities’ privacy and problematising news media claims to freedom of expression: Sir Cliff Richard v BBC”, 29 July 2018, Inforrm (accessible at https://inforrm.org/2018/07/29/upholding-celebrities-privacy-and-problematising-news-media-claims-to-freedom-of-expression-sir-cliff-richard-v-bbc-jelena-gligorijevic/)
View more publications on the ANU Researchers website
In the Media
Upcoming events
Join us in the inaugural ANU Defamation Law Conference, focusing on the changing landscape of defamation law.
- Dr John Tate
Join Dr John Tate (University of Newcastle) as he shares his work on the politics and law of religious freedom in France and America.
The fourth seminar in the ANU Media Law seminar series will be delivered by Professor Nicole Moreham, Victoria University of Wellington, New Zealand, on the topic of ‘Privacy and Police Investigations’.
- The Hon Michael Kirby AC CMG
Are you ready for Privacy Awareness Week 2021? Join us on a linear journey of privacy as we hear from some of the greatest legal minds and subject-matter experts, including The Hon Michael Kirby AC CMG.
- Professor Kit Barker, University of Queensland
Join Professor Kit Barker in the ANU Law & Philosophy Forum, a series focused on issues spanning law and philosophy. Professor Kramer will be sharing his work-in-progress, in which he applies Hohfeldian analytics to ‘rights of action’ in public and private law.
Past events
- Ivan Hare QC
The third seminar in the ANU Media Law seminar series will be delivered by Ivan Hare QC, of Blackstone Chambers, on the topic of ‘Statues, statutes and free speech: the Colston prosecutions’.
- The Hon. Justice Peter Applegarth AM, Justice of the Supreme Court of Queensland
The second seminar in the ANU Media Law seminar series will be delivered by The Hon. Justice Peter Applegarth AM, Justice of the Supreme Court of Queensland, on ‘Perspectives from the Bench’.
- Dr Jack Simson Caird
The first seminar in the ANU Media Law seminar series will be delivered by Dr Jack Simson Caird, Legal Counsel at the House of Commons, on the topic of ‘Reporting on Parliament’.
Everyone is welcome to attend.
This webinar series seeks to address the new meaning, scope and representation of surveillance in the time of COVID-19 and initiate a conversation between arts, humanities and the various fields which surveillance is used.
View more publications on the ANU Researchers website
Research biography
Dr Gligorijevic’s current research projects cover the following areas: freedom of expression; judicial power and the prerogative; parliamentary privilege; defamation law.
While at Cambridge, Dr Gligorijevic was a researcher at the Centre for Intellectual Property at Information Law, where she conducted research into the free speech implications of the EU General Data Protection Regulation (‘GDPR’).
Research projects & collaborations
J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal (forthcoming).
J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.
J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.
J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.
J Gligorijevic “Parliamentary privilege reaffirmed” [2014] NZLJ 393.
Grants
Rouse Ball / Eddington Funds, Trinity (UK; for research into: children’s privacy, the right to privacy and public law, and harmful expression; 2017, 2018).
Hollond Fund, Trinity (UK; for research into: children’s privacy, the right to privacy and public law, and harmful expression; 2018).
Yorke Fund, Cambridge (UK; for research into the right to privacy and public law; 2017).
Hollond-Whittaker Research Studentship in Law (UK; for duration doctoral degree; 2016-2019).
LB Wood Fund (NZ; for Masters-level research in the UK; 2015-2016).
Gordon Watson Fund (NZ; for Masters-level research in the UK; 2015-2016)
Chevening Fund (UK; for Masters-level research in the UK; 2015-2016)
Consultancies
Dr Gligorijevic consults on a range of issues in both media law and constitutional law, and has provided advice to NGOs on children's privacy rights in the UK and Australia.
Dr Gligorijevic is often asked to comment on legal issues in privacy, defamation, and freedom of expression, by leading news media outlets, including The Australian, The Age and the Sydney Morning Herald, and ABC News.
Refereed journal articles
J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal (forthcoming).
J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.
J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.
J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.
J Gligorijevic “Parliamentary privilege reaffirmed” [2014] NZLJ 393.
Conference papers & presentations
"A Liberal Approach to Freedom of Expression", Freedom of Speech Symposium, Centre for Comparative Constitutional Studies, University of Melbourne, November 2020
"Privacy as Liberty and Security: Implications for the Legitimacy of Governmental Surveillance", ANU Surveillance and the Humanities Conference, September 2020.
"Freedom of Expression, Liberalism and Harmful Expression", ANU Centre for International and Public Law, August 2020.
“Privacy, freedom of expression, and English common law”, Trinity College, Cambridge, June 2019.
“Critique of: J Waldron, The Harm in Hate Speech (2012, HUP, Cambridge, Mass.)”, Cambridge Forum for Legal and Political Philosophy (by invitation), January 2019.
“Privacy and freedom of expression after Sir Cliff Richard v BBC [2018] EWHC 1837 (Ch)”, Cambridge Centre for Public Law (by invitation), October 2018.
“Recognising and confronting conflicts between human rights”, Society of Legal Scholars Conference, Queen Mary University London, September 2018.
“Privacy at the Frontiers of Public Law” Public Law Conference, University of Melbourne, July 2018
“Policing speech”, McGill University, Montreal, May 2018.
“Children’s privacy: the role of parental control and consent”, Trinity College Dublin, February 2018.
“The judicial approach to the conflict between privacy and freedom of expression in English law”, KU Leuven, March 2018.
“Critique of: A Preda “Are there any conflicts of rights?” (2015) 18 ETMP 677”, Cambridge Forum for Legal and Political Philosophy (by invitation), December 2017.
Government submissions
Committees
ANU College of Law Visitors Committee
Case notes & book reviews
J Gligorijevic "Protecting Personal Information: The Right to Privacy Reconsidered by A Monti and R Wacks" (2020) 79(3) Cambridge Law Journal 192.
Other
J Gligorijevic “Freedom of expression, or protection from harm? Regulating online media”, 22 January 2021, ANU Crawford School of Public Policy’s Policy Forum (accessible at: https://www.policyforum.net/freedom-of-expression-or-protection-from-harm/)
J Gligorijevic "(Un)lawful Lockdown and Government Accountability", 11 May 2020, Scoop Media (accessible at: https://www.scoop.co.nz/stories/HL2005/S00087/unlawful-lockdown-and-gove...)
J Gligorijević "Government Accountability for the Lawfulness of Lockdown", 11 May 2020, UK Constitutional Law Association (accessible at: https://ukconstitutionallaw.org/2020/05/11/jelena-gligorijevic-governmen...)
J Gligorijević “Coronavirus, Media Reportage and Patient Privacy”, 7 March 2020, Inforrm (accessible at https://inforrm.org/2020/03/07/coronavirus-media-reportage-and-patient-p...)
J Gligorijević “Forcing online platforms to remove footage of violent attacks: could privacy help?”, 21 March 2019, Inforrm (accessible at https://inforrm.org/2019/03/21/forcing-online-platforms-to-remove-footag...)
J Gligorijević “Breaching Injunctions in Parliament: An Unconstitutional Abuse of Parliamentary Privilege”, 29 October 2018, UK Constitutional Law Association (accessible at: https://ukconstitutionallaw.org/2018/10/29/jelena-gligorijevic-breaching...)
J Gligorijević “Upholding celebrities’ privacy and problematising news media claims to freedom of expression: Sir Cliff Richard v BBC”, 29 July 2018, Inforrm (accessible at https://inforrm.org/2018/07/29/upholding-celebrities-privacy-and-problem...)
Research interests
PhD supervision
Dr Gligorijevic welcomes PhD research applications. She is particularly interested in applications from students pursuing projects in constitutional law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.
LLM Masters thesis supervision
Dr Gligorijevic welcomes research applications from LLM students. She is particularly interested in applications from students pursuing projects in constitutional law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.
Honours thesis supervision
Dr Gligorijevic welcomes research applications from LLB (Hons) students. She is particularly interested in applications from students pursuing projects in constitutional law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.
Previous courses
| Year | Course code | Course name |
|---|---|---|
| 2020 |
LAWS8402 Class #6730 |
Media Law |
| 2020 |
LAWS8243 Class #9529 |
Freedom of Information and Privacy |
Philosophy & approach
Dr Gligorijevic is a Fellow of the Higher Education Academy.
Past courses
At the ANU College of Law, Dr Gligorijevic teaches in Australian Public Law, Tort Law and Media Law (which she convenes).
At Cambridge, Dr Gligorijevic lectured or supervised in:
- Constitutional Law
- Civil Liberties and Human Rights
- Law and Information
How my works connects with public policy
Dr Gligorijevic made submissions to the Australian Attorney-General's Department on its Review of the Privacy Act 1988 (Cth), in November 2020. Her forthcoming article in the University of New South Wales Law Journal (J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Revitalising ABC v Lenah Game Meats" (2021) 44(2) UNSWLJ), sets out a more detailed analysis of the protection of individual privacy in Australian law.
Since February 2021, Dr Gligorijevic is a contracted expert in a major government-funded project, the Review of Privacy Laws in Tasmania.
