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Uniform Defamation Laws in Australia: Have they struck a better balance

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Abstract:

A new uniform defamation regime now operates in Australia. This paper canvasses the Uniform Defamation Laws focusing on the defence of qualified privilege and its capacity to protect mass media publications in the public interest. Whilst the uniform approach expands the circumstances when a fair report of public proceedings will be protected, the statutory qualified privilege appears to borrow from two different approaches: the UK approach articulated in Reynolds v Times Newspapers Limited and Others and the approach outlined in Section 22 of Defamation Act 1974 (NSW). Drawing on case law and analysis of the key approaches to statutory privilege, this paper evaluates the current approach to statutory qualified privilege. The paper questions whether the UDA statutory qualified privilege will ultimately censor publications in the public interest.

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public (167), law (86), publish (84), privileg (83), defam (83), interest (79), australia (59), reason (57), defenc (48), qualifi (47), inform (46), media (46), uniform (41), reput (35), whether (33), matter (33), materi (32), person (31), univers (31), defamatori (30), breit (27),
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MLA Citation:

Breit, Rhonda. "Uniform Defamation Laws in Australia: Have they struck a better balance" Paper presented at the annual meeting of the Association for Education in Journalism and Mass Communication, The Renaissance, Washington, DC, Aug 08, 2007 <Not Available>. 2013-12-15 <http://citation.allacademic.com/meta/p204026_index.html>

APA Citation:

Breit, R. , 2007-08-08 "Uniform Defamation Laws in Australia: Have they struck a better balance" Paper presented at the annual meeting of the Association for Education in Journalism and Mass Communication, The Renaissance, Washington, DC Online <PDF>. 2013-12-15 from http://citation.allacademic.com/meta/p204026_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: A new uniform defamation regime now operates in Australia. This paper canvasses the Uniform Defamation Laws focusing on the defence of qualified privilege and its capacity to protect mass media publications in the public interest. Whilst the uniform approach expands the circumstances when a fair report of public proceedings will be protected, the statutory qualified privilege appears to borrow from two different approaches: the UK approach articulated in Reynolds v Times Newspapers Limited and Others and the approach outlined in Section 22 of Defamation Act 1974 (NSW). Drawing on case law and analysis of the key approaches to statutory privilege, this paper evaluates the current approach to statutory qualified privilege. The paper questions whether the UDA statutory qualified privilege will ultimately censor publications in the public interest.

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Document Type: PDF
Page count: 17
Word count: 7521
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Uniform Defamation Laws in Australia . Title: Uniform Defamation Laws in Australia: Have they struck a better balance Author:Dr Rhonda A Breit PhD LLB Address: School of Journalism & Communication University of Queensland Brisbane 4072 Australia Email: r.breit@uq.edu.au Phone: 61 7 3365 6883 Fax: 61 7 3365 1377 Key words: Defamation Australia journalism public int rest qualified privilege e Bibliographical information: Dr Rhonda Breit lectures and researches at the University of Queensland Brisbane Australia. Her areas of interest are
Law and Journalism 25 May. Mahon John F (2002) Corporate reputation: A research Agenda Using Strategy and Stakeholder Literature. Business and Society Vol 41 No 4 December. Pp 415-445 Morgan v John Fairfax & Sonss Ltd (No 2) 1991 23 NSWLR 374. Reynolds v Times Newspapers Ltd [2001] 2 AC 127. Schultz J (1998) Reviving the fourth estate: democracy accountability and the media Cambridge; Melbourne: Cambridge University Press. University of New South Wales (May 2004) TheProposed Defence of Honest


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