Defamation Law and Social Attitudes

Defamation Law and Social Attitudes

Ordinary Unreasonable People

Roy Baker

Drawing on a thorough examination of case law, as well as extensive empirical research, including surveys involving over 4,000 members of the general public, interviews with judges and legal practitioners and focus groups representing various sections of the community, this book concludes that the law reflects fundamental misperceptions about what people think and how they are influenced by the media. The result is that the law tends to operate so as to unfairly disadvantage publishers, thus contributing to defamation law’s infamous ‘chilling effect’ on free speech.

Table of cases

Roy Baker

Subjects: law - academic, information and media law

Extract

AB v. XY [1917] SC 15 89 Abbott v. Random House Australia Pty Ltd, Costello v. Random House Australia Pty Ltd (1999) ACTR 1 105, 106, 123, 129, 177, 178, 179 Agnant v. Shakur 30 F Supp. 2d 420 (1998, US District Court, New York) 82 Amalgamated Television Services Pty Ltd v. Marsden [1998] 43 NSWLR 148 43 Anderson v. Kocsis 86 OTC 107 94 Anderson v. Stewart (1851) 8 UCQB 243 (CA) 103 Anon (1869) 29 UCQB 456 (CA) 89 Aqua Vital Western Australia v. Swan TV [1995] Aust Torts R 62,709 24 Arab News Network v. Jihad Al Khazen [2001] EWCA Civ 118 (unreported, Gibson, Chadwick and Keene LJ, 2 February 2001) 56, 57 Arcidiacono v. Queensland Newspapers Pty Ltd (unreported, Supreme Court of Queensland, Case 561 of 1974) 65 Attorney General v. News Group Newspapers Ltd [1986] 3 WLR 365 (EWCA) 70 xii Australian Broadcasting Corporation v. Reading [2004] NSWCA 411 (unreported, 15 November 2004) 61 Australian Newspaper v. Bennett [1894] AC 284 37 Awa v. Independent News Auckland [1995] 3 NZLR 701 36 Baffsky v. John Fairfax & Sons (1991) 106 FLR 21 36 Ballantyne v. TVNZ [1992] 3 NZLR 455 38 Barbaro v. Amalgamated Television Services (1985) 1 NSWLR 30 143 Bellino v. Australian Broadcasting Corporation (unreported, QLD Court of Appeal, McPherson, Pincus JJA and Williams J, 2 June 1998) 72 Berry v. British Transport Commission [1961] 1 QB 149 69 Berry v. British Transport Commission [1962] 1 QB 306 69 Berry v. Irish Times...