Defamation law

Discussion paper

Review of Model Defamation Provisions: discussion paper

This discussion paper invites public feedback on the Model Defamation Provisions to assess whether the existing laws are meeting their policy objectives, particularly in response to the rise of online publications and technological changes since the provisions were developed.

Protecting Google from defamation is worth seriously considering

Google has lost a High Court appeal in defamation litigation brought by Michael Trkulja. It is time to consider that extending "safe harbour" to Google may be a good idea.

Statutory review - Defamation Act 2005

New South Wales will lead a push to modernise defamation law across the country, in response to a review that found amendments should be considered to improve the way the justice system deals with digital media cases.

Trends in digital defamation: defendants, plaintiffs, platforms

This study shows the landscape for legal disputes around reputation is changing, as the question ‘who is a publisher’ continues to evolve. It highlights the growing influence of social platforms and websites not affiliated with media companies as the source of legal disputes.

Craig McLachlan, defamation and getting the balance right when sexual harassment goes to court

Last week Rocky Horror Show actor Craig McLachlan issued defamation proceedings against Fairfax Media, the ABC and former co-star Christie Whelan Browne, one of the women who has accused McLachlan of sexual harassment. While no criminal charges have been laid, police are currently investigating allegations...

Social media and defamation law pose threats to free speech, and it’s time for reform

Recent discussion about freedom of speech in Australia has focused almost exclusively on Section 18C of the Racial Discrimination Act. For some politicians and commentators, 18C is the greatest challenge to freedom of speech in Australia and the reform or repeal of this section will...