Freedom of Speech and Defamation Law
Access status:
Open Access
Type
ArticleAuthor/s
Rolph, DavidAbstract
Defamation law seeks to strike a balance between the protection of reputation and freedom of speech. How that balance is struck may need to be varied and nuanced to take into account the different types of speech and the different impacts they may have on reputation. This article ...
See moreDefamation law seeks to strike a balance between the protection of reputation and freedom of speech. How that balance is struck may need to be varied and nuanced to take into account the different types of speech and the different impacts they may have on reputation. This article examines a range of areas of Australia where the balance between these competing interests may be a source of particular tension. It examines criminal defamation. It canvasses political speech and public interest speech more generally. It then turns to consider low-level or trivial speech. Finally, it examines academic speech and the newly created protections for it under Australian law.
See less
See moreDefamation law seeks to strike a balance between the protection of reputation and freedom of speech. How that balance is struck may need to be varied and nuanced to take into account the different types of speech and the different impacts they may have on reputation. This article examines a range of areas of Australia where the balance between these competing interests may be a source of particular tension. It examines criminal defamation. It canvasses political speech and public interest speech more generally. It then turns to consider low-level or trivial speech. Finally, it examines academic speech and the newly created protections for it under Australian law.
See less
Date
2022Source title
Australian Law JournalVolume
96Issue
10Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters in the Australian Law Journal and should be cited as Rolph, D. (2022). Freedom of speech and defamation law. Australian Law Journal, 96(10), 761–774. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare