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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 power.

Her published research has been cited and adopted by the Lord Chief Justice of England and Wales (extra curially), the High Court of Australia (Hon Justice Gageler in Farm Transparency v NSW [2022] HCA 23), and by the Commonwealth Attrorney-General's Department (in its privacy law reform recommendations), as well as by scholars across the world in their own research and commentaries.

Recently, Dr Gligorijevic was 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 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, 2023), Chapter 5.
• A Brunon-Ernst, J Gligorijević D Manderson and C Wrobel (eds) Law, Surveillance and the Humanities (EUP, 2023).
• J Gligorijevic "Taming the ‘chilling effect’ of defamation law: English experience and implications for Australia" (2022) 50(2) Federal Law Review 221-248.
• 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.
  • cited in Farm Transparency International Ltd v State of NSW [2022] HCA 23, per Gageler J, [90].
• 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.
• J Gligorijevic “Tort-Based Protections for Data Privacy” in D Clifford, J Paterson and KH Lau Data and Private Law (Hart, forthcoming: 2023), Chapter 9, pp 143-160.

Grants

Gerard McCoy Visiting Fellowship (fully-funded research fellowship: 2021, for 2023).

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) (2021-2022).

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 the UK and Australia.

Dr Gligorijevic is often asked to comment on legal issues in privacy, defamation, freedom of expression, and constitutional law, by leading news media, including The Washington Post, BBC News, CNN, The Australian, SkyNews, The Age and the Sydney Morning Herald, the Australian Broadcasting Corporation, and SBS News. Her interviews have been republished in international and national media.

Books & edited collections

• A Brunon-Ernst, J Gligorijević D Manderson and C Wrobel (eds) Law, Surveillance and the Humanities (EUP, 2023).

Refereed journal articles

• J Gligorijevic "Taming the ‘chilling effect’ of defamation law: English experience and implications for Australia" (2022) 50(2) Federal Law Review 221-248.
• 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.
  • cited in Farm Transparency International Ltd v State of NSW [2022] HCA 23, per Gageler J, [90].
• 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 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, 2023), Chapter 5.
• J Gligorijevic “Tort-Based Protections for Data Privacy” in D Clifford, J Paterson and KH Lau Data and Private Law (Hart, forthcoming: 2023), Chapter 9, pp 143-160.

Conference papers & presentations

• “Emergency, Acquiescence, and Accountability: Re-making the judicial role in scrutinising executive power?”, Public Law Conference, University College Dublin, July 2022.
• “Public Wrongdoing and the Limits of the Right to Privacy”, Privacy Law Scholars Conference, Northeastern University, Boston, MA, June 2022.
• “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).

• The Australian Commonwealth Attorney-General’s Department Privacy Act Review Report (February 2023) adopted Dr Gligorijevic's research and submissions on the general need for a new privacy tort for Australia, citing her research and submissions in the Attorney-General’s recommendations to enact a statutory privacy tort (pp 281-287)

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

• cited in Consultation Paper: Review of the Model Defamation Provisions, Stage 2 Part B – Policy options (pp 11 and 12), published for the Commonwealth Attorneys-General Defamation Review by the Victorian Department of Justice and Community Safety (August 2022)

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) 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 Gligorijević, ‘Book Review: A Free and Regulated Press: Defending Coercive Independent Press Regulation by Paul Wragg’ (2022) 44(2) Sydney Law Review 339.
• 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 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...)