Freedom of Speech and Defamation Law

Abstract

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 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.