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Defamation In Australia
In Australia, defamation refers to the body of law that aims to protect individuals, groups, and entities from false or damaging statements that may cause harm to their reputation or standing in society. Australian defamation law is defined through a combination of common law and statutory law. Between 2014 and 2018, Australia earned the title of “world defamation capital”, recording 10 times as many libel claims as the UK on a per-capita basis. Australia's common law is nationally uniform, and so principles and remedies for defamation are broadly consistent across the States and Territories. However, the application of local statutes result in slight differences in application amongst those jurisdictions. Background Australia's defamation law emerged from English common law, but has since evolved in application though statute and judicial decisions. To the extent Australia's system retains commonalities with English law, UK jurisprudence retains value as providing guidance t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lange V Australian Broadcasting Corporation
''Lange v Australian Broadcasting Corporation''. is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Australian Constitution, but found that it did not necessarily provide a defence to a defamation action. The High Court extended the defence of qualified privilege to be compatible with the freedom of political communication. Background The plaintiff, David Lange, who was the Prime Minister of New Zealand, was the subject of a report on the Australian Broadcasting Corporation current affairs program ''Four Corners''. He brought defamation proceedings in respect of that broadcast. In April 1990, the defendant broadcast on its ''Four Corners'' program a report which had been broadcast the previous night in New Zealand on Television New Zealand's ''Frontline'' program. The program alleged that the New Zealand Labour Party, then in government, had come to be improperly under the influence of large business interests as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South Australia to the west. Its coast borders the Coral Sea, Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are Enclave and exclave, enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of the Australian mainland with its Western Australia border, western boundary set at 129th meridian east in 1825. The colony then also includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tasmania
Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The state encompasses the main island of Tasmania, the List of islands by area#Islands, 26th-largest island in the world, and the List of islands of Tasmania, surrounding 1000 islands. It is Australia's smallest and least populous state, with 573,479 residents . The List of Australian capital cities, state capital and largest city is Hobart, with around 40% of the population living in the Greater Hobart area. Estimated resident population, 30 June 2017. Tasmania is the most decentralised state in Australia, with the lowest proportion of its residents living within its capital city. Tasmania's main island was first inhabited by Aboriginal Australians, Aboriginal peoples, who today generally identify as Palawa or Pakana. It is believed that Abori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Court Of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursuant to the . The Court hears appeals from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court, the Land and Environment Court, the District Court, the Dust Diseases Tribunal, the Workers Compensation Commission, and the Government and Related Employees Appeal Tribunal. The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper. If a petitioner is not satisfied with the decision made by the Court of Appeal, application may be made to the High Court of Australia for special leave to appeal the decision before the High Court. Because special leave is only granted by the High Court under certain conditions, the Court of Appeal i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Defamation Law
Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. As with most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in the province of Quebec where private law is derived from French civil law). Common-law provinces Defamation law At common law, defamation covers any communication that tends to lower the reputation of the subject in the minds of ordinary members of the public. In particular, to establish ''prima facie'' defamation, the plaintiff needs to establish three things: # The material is defamatory, as in it lowers the reputation of the plaintiff in the eyes of the right thinking person # The material refers to the plaintiff, and # The material was communicated to a party other than the plaintiff Once ''prima facie'' defamation has been established, the defendant may present defences. Truth Truth (also referred to as justification) is an absolute defence to defamati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Defamation Law
The origins of the United States' defamation laws pre-date the American Revolution; one influential case in 1734 involved John Peter Zenger and established precedent that "The Truth" is an absolute defense against charges of libel. Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the history of the United States, the U.S. Supreme Court failed to use it to rule on libel cases. This left libel laws, based upon the traditional "Common Law" of defamation inherited from the English legal system, mixed across the states. The 1964 case '' New York Times Co. v. Sullivan'', however, radically changed the nature of libel law in the United States by establishing that public officials could win a suit for libel only when they could prove the media outlet in question knew either that the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not". Later Supreme Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Defamation Law
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation. English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual in a manner which causes them loss in their trade or profession, or damages their reputation. Allowable defences are justification, honest opinion (previously known as fair comment), and privi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law In Australia
The system of tort law in Australia is broadly similar to that in other common law countries. However, some divergences in approach have occurred as its independent legal system has developed. Some of these differences include Australia-specific nuances involving: (1) what torts are recognised, (2) the steps to establish liability, and (3) calculations for awards of damages. These differences have emerged due to both legislative reform, as well as common law developments. Overview Throughout Australia's early history, its tort jurisprudence largely complied with UK precedent. In more recent years, its jurisprudence has diverged from the UK and other common law countries. Developments in Australian Tort law are most powerfully driven by the High Court of Australia. In doing so, the High court frequently refers to other apex courts around the world for comparative law purposes. It has said that it is 'inevitable and desirable that the courts of this country will continue to ob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defamation
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen – to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state instituti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Australia
The legal system of Australia has multiple forms. It includes a written Constitution of Australia, constitution, unwritten Constitutional convention (political custom)#Australia, constitutional conventions, statutes, Delegated legislation in the United Kingdom, regulations, and the judicially determined Common law in Australia, common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.. The Constitution of Australia, Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own Judiciary of Aus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
