Subjects:

Other Jurisdictions , Australia

Contents:

History and Concepts

History Of Defamation Law In England

History of Defamation Law In Australia

Reputation

Freedom of Speech

General Principles:

The Cause of Action for Defamation Law

Publication

Identification

Defamatory Meaning

Defamation

Particular Defamatory Meanings

Capacity to Sue - Plaintiffs

Capacity to be Sued: Defendants

Privacy

Other Causes of Action

Resolution of Civil Disputes without Litigation

Alternative Solutions

Litigation of Civil Disputes: including defences in Civil Proceedings and Remedies

Role of Judge And Jury

The Defences

Truth

Contextual Truth

Absolute Privilege

The Privileged Occasion

Malice

Statements To The World At Large

Statutory Defence of Qualified Privilege

Protected Reports

Fair Comment

Honest Opinion

Innocent Dissemination

Circumstances of Publication

Damages at Common Law

General Damages

Increasing Damages: Aggravation

Exemplary Damages: Punishing the Defendant

Reducing Damages: Mitigation

Special Damages: Economic Loss

Award of Damages

Other Aspects of Damages

Alternative Remedies

Proposed National (Non-Monetary) Remedies

Costs

Miscellaneous

Evidence/Transitional

Criminal Law

Defamation law is now substantially uniform in Australia. The Defamation Act 2005, which came into effect in most jurisdictions on 1 January 2006, modifies the common law in a number of respects but does not replace it.

The text sets out the general principles applying to this area of law, identifies the provisions of the new Act, and explains their relevance. It also comments upon basic concepts, such as reputation and freedom of speech. The Defamation Act is included as an Appendix, together with a Comparative Table of Defamation Statutes contrasting the previous legislation with the new Act. This text will be of interest not only to legal practitioners, but also to publishers, journalists and students of this area of the law.