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Tag: David Rolph (Page 1 of 2)

Australia: A win for the press, a big loss for Ben Roberts-Smith, what does this judgment tell us about defamation law? – David Rolph

At the heart of the spectacular defamation trial brought by decorated Australian soldier Ben Roberts-Smith were two key questions. Had the Age, the Sydney Morning Herald and the Canberra Times damaged his reputation when they published in 2018 a series of explosive stories accusing him of murder and other crimes while in Afghanistan?  And could the newspapers successfully defend their reporting as true? Continue reading

Australia: the public interest backwater – David Rolph

The UK, Canada, and New Zealand have developed a broader qualified privilege public interest defence … Australia lags in this development, although there are special local impediments … Durie v Gardiner in NZ holds there is nothing special about government or political speech that should not be applied to the protection of all speech … Waiting for the proper case in Australia … Professor David Rolph comments. Continue reading

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