Fixing the truth defence jalopy in defamation law: Reform proposals to foster public interest speech
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Fernandez, Joseph. 2010. Fixing the truth defence jalopy in defamation law: Reform proposals to foster public interest speech, in Muppidi, S. (ed), 19th Asian Media Communication and Information Centre Conference - Technology and Culture: communication connectors and dividers. Singapore: Asian Media Information and Communication Centre (AMIC).
Technology and Culture: Communication Connectors and Dividers
19th Asian Media Communication and Information Centre Conference
Department of Journalism
Ill repute afflicts the law of defamation in the media's eyes. It is widely perceived to be among the foremost threats to communication. This paper contends that the truth defence, in particular, has largely failed media defendants and, more importantly, Australian society at large. This paper proposes selected reforms to the truth defence. These reforms include an elevated priority for the freedom of speech imperative in adjudicating defamation complaints where the matter complained about was published by a media defendant.