Dr Jelena Gligorijevic

Senior Lecturer
PhD (Cantab.); LLM (First Class Hons) (Cantab.); LLB (First Class Hons) (Cantuar.); BA (Cantuar.); FHEA; Barrister and Solicitor of the High Court of New Zealand.
+61 2 6125 1108
Room 7.2.25

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Biography

Dr Jelena Gligorijević specialises in media law, and constitutional law and theory.

Dr Gligorijević 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 Gligorijević's article on an Australian common law tort of interference with privacy has recently been published in the UNSW Law Journal. 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 Gligorijević’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 Gligorijević’s work on privacy has been adopted by the Commonwealth Attorney-General’s Department in its Privacy Act Review Discussion Paper (October 2021), which shapes and sets out specific proposals for a new Australian tort of interference with privacy. One option proposed in the Discussion Paper is a minimalist statutory tort, which Dr Gligorijevic has advocated in her research and submissions to that Review.

Dr Gligorijević is also 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 Gligorijević 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 Gligorijević is the founding convenor of the ANU Law & Philosophy Forum.

Appointments

Convenor of Higher Degree Research, ANU College of Law (Feb 2022-)

Research Committee, ANU College of Law (faculty's ERC representative) (2022-2024)

Gerard McCoy Visiting Fellow, University of Canterbury Faculty of Law (2021).

Deputy Director of Higher Degree Research, ANU College of Law (Aug 2021-Feb 2022)

Editorial Board, Federal Law Review (Aug 2019 - Dec 2021).

Fellow of the Higher Education Academy (2020-).

Affiliated Member of the ANU Centre for Moral, Social and Political Theory (2021-).

ANU Law & Philosophy Forum, founding convenor (2020-). 

Visitors and Honorary Appointments Committee, ANU College of Law (Aug 2019 - Aug 2021). 

Contributing member, ANU Crawford School of Public Policy, Policy Forum (Asia & the Pacific Policy Society) (2021-)

Significant research publications

  • J Gligorijević "Taming the ‘chilling effect’ of defamation law: English experience and implications for Australia" (2022) 50(2) Federal Law Review (forthcoming).

  • J Gligorijević "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal 673.

  • J Gligorijević "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 Gligorijević “Parliamentary privilege reaffirmed” [2014] NZLJ 393.

 

Forthcoming:

  • A Brunon-Ernst, J Gligorijević  D Manderson and C Wrobel (eds) Law, Surveillance and the Humanities (EUP, contracted: 2022).

  • J Gligorijević “Privacy, Liberty and Security: Implications for the Legitimacy of Governmental Surveillance” forthcoming in A Brunon-Ernst, J Gligorijevic, D Manderson and C Wrobel (eds) Law, Surveillance and the Humanities (EUP, contracted: 2022).

Book reviews:

  • J Gligorijević "Protecting Personal Information: The Right to Privacy Reconsidered by A Monti and R Wacks" (2020) 79(3) Cambridge Law Journal 192.

Media / Online articles:

Recent news

30
Jun
2021
University of Canterbury, Dr Jelena Gligorijevic
ANU College of Law lecturer Dr Jelena Gligorijević FHEA has been named the inaugural Gerard McCoy Visiting Fellow at the University of Canterbury, New Zealand.

In the Media

10
Jan
2022
Jelena Gligorijevic writes in UK Constitutional Law Association
13
Jan
2021
Jelena Gligorijevic quoted in The Age

Past events

12
Apr
2022
Deepfakes, Pornography and Consent
1.00PM to 2.00PM ANU Law and Philosophy Forum

The ANU Law & Philosophy Forum is delighted to announce its second meeting in 2022. Dr Claire Benn will present her work-in-progress on “Deepfakes, Pornography and Consent”.

01
Apr
2022
ICON•S AUS/NZ Constitutional Theory Group Annual Conference
10.00AM to 5.30PM Conference

The first Plenary Conference of the Constitutional Theory Group of the I·CON-S Aus/NZ branch.

08
Feb
2022
Reflections on Death
1.00PM to 2.00PM ANU Law and Philosophy Forum
  • Associate Professor Joshua Neoh

The ANU Law and Philosophy Forum is delighted to announce its seventh meeting in 2021: a reading and discussion led by Dr Joshua Neoh, who will be reflecting on the topic of death.
 

12
Oct
2021
ANU Law and Philosophy Forum: Fair labelling in criminal law
5.00PM to 6.00PM Webinar
  • Khomotso Moshikaro, Trinity College, the University of Cambridge and the University of Cape Town

Khomotso Moshikaro will talk to the ANU Law and Philosophy Forum about the ethics of fair labelling in criminal law, and how this relates to our understanding of criminal wrongdoing.

Research biography

Dr Gligorijevic’s current research projects cover the fields of media law and constitutional law and theory, particularly privacy, freedom of expression, and judicial scrutiny of governmental action.

Recently, Dr Gligorijevic has been awarded the Gerard McCoy Visiting Fellowship, at the University of Canterbury, New Zealand.

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 "Taming the ‘chilling effect’ of defamation law: English experience and implications for Australia" (2022) 50(2) Federal Law Review (forthcoming).

J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal 673.

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.

---

A Brunon-Ernst, J Gligorijevic, D Manderson and C Wrobel (eds) Law, Surveillance and the Humanities (EUP, contracted: 2022).

J Gligorijevic “Privacy, Liberty and Security: Implications for the Legitimacy of Governmental Surveillance” forthcoming in A Brunon-Ernst, J Gligorijevic, D Manderson and C Wrobel (eds) Law, Surveillance and the Humanities (EUP, contracted: 2022).

Grants

Tasmanian Law Reform Institute, contracted expert and co-investigator in major government-funded project: Review of Privacy Laws in Tasmania (RMDB Ref: h0027609/RT.115624) (since February 2021).

Rouse Ball / Eddington Funds research grant, Trinity College, Cambridge (UK; for research into: children’s privacy, the right to privacy and public law, and freedom of expression and harmful expression; 2017, 2018).

  • J Gligorijevic "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.
  • J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.

Hollond Fund research grant, Trinity College, Cambridge (UK; for research into: conflicts between human rights, the right to privacy and public law, and freedom of expression and harmful expression; 2018).

  • J Gligorijevic "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.

Yorke Fund research grant, University of Cambridge (UK; for research into the right to privacy and public law; 2017).

  • J Gligorijevic "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580 

Postgraduate European Private Law Fund (PEPP) research grant (EU / UK; for research and collaboration on aspects of European private law - principal focus on: human rights remedies in English and Welsh private law, and English and Welsh approach to privacy in private law)  

  • J Gligorijevic “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.

Hollond-Whittaker Research Studentship in Law, Trinity College, Cambridge (UK; for doctoral research into rights conflicts, privacy and freedom of expression; 2016-2019).

LB Wood Fund grant (NZ; for graduate research in the UK; 2015-2016).

Gordon Watson Fund grant (NZ; for graduate research in the UK; 2015-2016).

Chevening Fund grant (UK; for graduate 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 Washington Post, The Australian, The Age and the Sydney Morning Herald, and the Australian Broadcasting Corporation.

Books & edited collections

A Brunon-Ernst, J Gligorijevic, D Manderson and C Wrobel (eds) Law, Surveillance and the Humanities (EUP, contracted: 2022).

Refereed journal articles

J Gligorijevic "Taming the ‘chilling effect’ of defamation law: English experience and implications for Australia" (2022) 50(2) Federal Law Review (forthcoming).

J Gligorijevic "A Common Law Tort of Interference with Privacy for Australia: Reaffirming ABC v Lenah Game Meats" (2021) 44(2) UNSW Law Journal 673.

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 chapters

J Gligorijevic “Privacy, Liberty and Security: Implications for the Legitimacy of Governmental Surveillance” forthcoming in A Brunon-Ernst, J Gligorijevic, D Manderson and C Wrobel (eds) Law, Surveillance and the Humanities (EUP, contracted: 2022).

Conference papers & presentations

“Privacy and Tort Law: protecting informational privacy at common law”, Data Rights and Private Law Colloquium, University of Melbourne Law School and ANU College of Law, November 2021.

“Narrowing the tort of defamation: serious harm threshold and public interest defence - English experience and implications for Australia”, Defamation Law Conference: The Changing Landscape of Defamation Law, ANU College of Law, July 2021.

“Recalling the Normative Importance of Privacy”, Privacy Awareness Week Panel with Hon Michael Kirby AC CMG (by invitation), ANU College of Law, May 2021.

"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.

““Protecting Public Figure Privacy in English Private 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

Submissions to the Australian Attorney-General's Department, Review of the Privacy Act 1988 (Cth), submissions on Discussion Paper (4 January 2022).

Submissions to the Australian Council of Attorneys-General, Review of the Model Defamation Provisions, Stage 2 (19 May 2021).

Submissions to the Australian Attorney-General's Department, Review of the Privacy Act 1988 (Cth), submissions on Issues Paper (28 November 2020).

  • The Australian Commonwealth Attorney-General’s Department Privacy Act Review Discussion Paper (October 2021) has adopted Dr Gligorijevic's research and submissions in shaping and setting out specific proposals for a new Australian tort of interference with privacy, including, in particular, proposing a minimalist statutory tort as one option for reform, which is one option that Dr Gligorijevic has advocated in her research and submissions. Dr Gligorijevic is quoted and cited at pp 191-195 of the Discussion Paper.

     

Committees

ANU College of Law Research Committee (faculty's ERC representative, 2022 - 2024)

ANU College of Law Visitors and Honorary Academics Committee (Aug 2019 - Aug 2021)

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.

J Gligorijevic “A Free and Regulated Press, P Wragg: review essay” (2022) Sydney Law Review (forthcoming).

Other

J Gligorijević "Game, Set and Match for the Rule of Law", 10 January 2022, UK Constitutional Law Association (accessible at: https://ukconstitutionallaw.org/2022/01/10/jelena-gligorijevic-game-set-...)

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...)

 

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.

MPhil supervision

Dr Gligorijevic welcomes MPhil 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.

Current courses

Year Course code Course name
2022 LAWS1203
Class #2259
Torts
2022 LAWS6103
Class #2628
Torts
2022 LAWS8402
Class #7065
Media Law
2022 LAWS4202
Class #7064
Media Law

Previous courses

Year Course code Course name
2021 LAWS8402
Class #7338
Media Law
2021 LAWS4202
Class #7520
Media Law
2021 LAWS8243
Class #6525
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, Media Law (which she convenes), and Tort Law (which she convenes in 2022). Please see further details of past courses below.

At Cambridge, Dr Gligorijevic lectured or supervised in:

  • Constitutional Law
  • Civil Liberties and Human Rights
  • Law and Information

 

ANU College of Law:

2022

Torts (LAWS1203/6103) - course convenor and lecturer

Australian Public Law (LAWS1205/6105) - lecturer

Media Law (LAWS4202/8402) - course creator, convenor and lecturer

Legal Research & Writing (LAWS2248) - lecturer

2021

Torts (LAWS1203/6103) - lecturer

Australian Public Law (LAWS1205/6105) - lecturer

Media Law (LAWS4202/8402) - course creator, convenor and lecturer

Freedom of Information & Privacy (LAWS8243) - course convenor and lecturer

2020

Torts (LAWS1203/6103) - lecturer

Australian Public Law (LAWS1205/6105) - lecturer

Media Law (LAWS8402) - course creator, convenor and lecturer

Freedom of Information & Privacy (LAWS8243) - course convenor and lecturer

How my works connects with public policy

Dr Gligorijevic made submissions to the Australian Council of Attorneys-General on its Review of the Model Defamation Provisions (Stage 2), in May 2021. She has since then contributed to stakeholder roundtables in the Stage 2 review process.

Dr Gligorijevic also made submissions to the Australian Commonwealth Attorney-General's Department on its Review of the Privacy Act 1988 (Cth) (submissions on Issues Paper), in November 2020. The Attorney-General’s Department Privacy Act Review Discussion Paper (October 2021) has adopted Dr Gligorijevic's research and submissions in shaping and setting out specific proposals for a new Australian tort of interference with privacy, including, in particular, proposing a minimalist statutory tort as one option for reform, which is one option that Dr Gligorijevic has advocated in her research and submissions. Dr Gligorijevic is quoted and cited at pp 191-195 of the Discussion Paper.

Subsequently, Dr Gligorijevic set out in greater detail her view of a minimalist statutory tort of interference with privacy, in her submissions to the Australian Commonwealth Attorney-General's Department on its Review of the Privacy Act 1988 (Cth) (submissions on Discussion Paper), in January 2022.

Dr Gligorijevic's recent 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), also 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.

Dr Gligorijevic is also contributing member at the ANU Crawford School of Public Policy, Policy Forum (Asia & the Pacific Policy Society): 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/

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