Away from the glare of high-profile trials, defamation law is being used against women who come forward about sexual harassment. There’s little political appetite to fix it.
Articles on Defamation laws
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In recent years, Australia has been dubbed the “defamation capital of the world”. High-profile legal stoushes in the headlines seem to back this up. How can we reconcile this with freedom of speech?
In his judgment, the judge said he was satisfied the most serious imputations were proven on the balance of probabilities, which is the test in such civil cases.
After the article was published, Murdoch sent the publishers of Crikey a ‘concerns notice’, essentially threatening to sue them. In response, the publishers almost dared Murdoch to sue.
It’s far easier to throw around accusations of damage to one’s reputation than it is to actually prove it in court. A journalism scholar explains the criteria that must be met.
Under the Sullivan standard, a public official has to prove that there was ‘actual malice’ in defamation cases. That could be challenged in the Supreme Court.
Today’s ruling may inspire many social media account managers to more tightly restrict comments — or, where possible, switch them off completely.
In 1886, a Victorian judge deplored the disregard given to women’s rights in cases of sexual slander. Today, women are still fighting to protect their reputations and tell their stories.
Journalists need to have the facts to support not just what they say explicitly, but what their work implies.
Top contributors
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Senior Lecturer in Law, The University of Western Australia
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Associate Professor of Clinical Communication, The Ohio State University
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Emeritus Professor in Law and Criminal Justice, Adelaide University
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Professor of Law, University of Sydney
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Senior Lecturer of Law, Adelaide University
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Professor of Communication, Radford University
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Lecturer in Law & Justice, UNSW
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Senior Lecturer, The University of Melbourne
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Associate Professor, School of Law, University of Wollongong