A critique of the national, uniform defamation laws

Abstract

The national, uniform defamation laws that came into force across Australia at the beginning of 2006 introduced significant changes to the principles and practice of defamation law. This article analyses the major changes, both procedural and substantive. In doing so, it suggests that, while national consistency in defamation laws is highly desirable, uniformity should not be viewed as the sole goal of defamation law reform. It argues that the focus on the need for uniformity in the recent reform process meant that insufficient attention was given to the improvement of the substance of Australian defamation law. There remains, therefore, further scope for future reform.