The International Forum for Responsible Media Blog

Tag: Public Interest Defence

The Defamation Act and the Public Interest: Part 2, The Section 4 Defence, An Alternative View – Jonathan Coad

I make the case in Part 1 of this post that there are good policy reasons why Section 1(2) of the Defamation Act 2013 (“the 2013 Act”) does not always best serve the public interest. However even if the Section 1(2) hurdle were absent, a corporate claimant whose product or business practices have wrongly been attacked is likely then to be confronted with a “public interest” defence under Section 4. 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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