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Tag: Reynolds

Defamation Act 2013, A Critical Evaluation, Part 4, “Public Interest” defence – Dan Tench

Defamation ActIn earlier posts I have dealt with general concerns about the Defamation Act 2013, concerns about section 1, “Serious harm” and the new statutory defences of “truth” and “honest comment” in section 2 and section 3. In this post, I continue setting out concerns with the Defamation Act 2013 by looking at the public interest defence in section 4. Continue reading

A New Style Public Interest Defence in Libel Law? – Andrew Scott and Alastair Mullis

An interesting proposal has slipped quietly into the mix for consideration during the House of Lords Committee stage deliberations on the Defamation Bill. During the Second Reading debate, Lord Lester mooted a possible alternative to the clause 4 defence of responsible publication on a matter of public interest. The Joint Committee on Human Rights has pressed the Government on the desirability of the new alternative. In our view, the proposal – developed by Sir Brian Neill (pic) – offers an opportunity both to improve the operation of the existing common law defence and to ‘tidy up’ aspects of the existing Bill. Continue reading

New South Wales: Qualified privilege falls short again – Graham Hryce

The NSW Court of Appeal has delivered another judgment confirming the difficulty in Australia of establishing the qualified privilege defence for media defendants. The NSW Court of Appeal handed down its decision in Lloyd-Jones v Allen ([2012] NSWCA 230) on 1 August 2012.  Justice Henric Nicholas wrote the leading judgment, with which Justices Ruth McColl and Margaret Beazley concurred. Continue reading

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