Racial Discrimination Act Amendments
Free speech is simply what is left when many other things are taken out. One of those things is the effect of defamation laws, which seek to protect an individual's reputation. The central problem is to reconcile this purpose with the competing demands of free speech or to put the problem another way (through the eyes of a journalist):
"It is really about how far individuals in society should be protected against what they perceive as the excessive power of those — like the press — who can command a large audience. In practice, defamation law is about the ability of the media to expose an individual to the public on a grand scale".
In a free society there is a strong presumption that people should be able to speak freely, especially in relation to public issues and an individual's behaviour in relation to these issues. However, the reality of potential for abuse of this freedom remains and so with it the need for defamation laws. in an action for defamation, there has for a long time been the defence of truthfulness but the onus is on the defence (the defamer) to prove it. Beevis v Dawson (1957) 1 QB 195. The truth of all material statements contained in the libel must be proven.
There is also the legal defence of "absolute privilege". In simple language this means that whatever is said (however defamatory) is "absolutely privileged" and no action can be maintained. "Absolute privilege" attaches to whatever is said in Parliament or during evidence given in the course of judicial proceedings. There is also the defence of "qualified privileged" which is where an action cannot be maintained unless there is malice, such as in the reporting by the media of matters in respect of which "absolute privilege" exists. Privilege is often justified on the ground that "fear of liability might induce caution destructive of the frankness that the public has a right to expect." But, adds Fleming "unfortunately, demagogues who abuse the privilege are rarely brought to book by
"It is really about how far individuals in society should be protected against what they perceive as the excessive power of those — like the press — who can command a large audience. In practice, defamation law is about the ability of the media to expose an individual to the public on a grand scale".
In a free society there is a strong presumption that people should be able to speak freely, especially in relation to public issues and an individual's behaviour in relation to these issues. However, the reality of potential for abuse of this freedom remains and so with it the need for defamation laws. in an action for defamation, there has for a long time been the defence of truthfulness but the onus is on the defence (the defamer) to prove it. Beevis v Dawson (1957) 1 QB 195. The truth of all material statements contained in the libel must be proven.
There is also the legal defence of "absolute privilege". In simple language this means that whatever is said (however defamatory) is "absolutely privileged" and no action can be maintained. "Absolute privilege" attaches to whatever is said in Parliament or during evidence given in the course of judicial proceedings. There is also the defence of "qualified privileged" which is where an action cannot be maintained unless there is malice, such as in the reporting by the media of matters in respect of which "absolute privilege" exists. Privilege is often justified on the ground that "fear of liability might induce caution destructive of the frankness that the public has a right to expect." But, adds Fleming "unfortunately, demagogues who abuse the privilege are rarely brought to book by