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

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.