Fixing the truth defence jalopy in defamation law: Reform proposals to foster public interest speech

Fernandez, Joseph

Access Status

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Authors

Fernandez, Joseph

Date

2010

Type

Conference Paper

Metadata

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Citation

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).

Source Title

Technology and Culture: Communication Connectors and Dividers

Source Conference

19th Asian Media Communication and Information Centre Conference

School

Department of Journalism

URI

http://hdl.handle.net/20.500.11937/26505

Collection

Curtin Research Publications

Abstract

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.