Media Law: Defamation, Copyright, Etc
UNIVERSITY OF SOUTH AUSTRALIA
MEDIA LAW - 2007
1. DEFAMATION
1. Why a law of defamation?
Every member of society has an interest in retaining his or her personal reputation and standing. All members of the community also have an interest in a free flow of information and communication. There is a tension between these two interests.
The law represents a balance between personal interests in reputation on one hand and community interests in free speech and an uninhibited flow of information and opinions on the other.
The law of defamation in Australia has, until recently, lacked uniformity. Given the advances in technology and the growth of national publications, the pressure for uniformity gained such momentum that, after many years, uniform defamation legislation has been introduced in each state and territory. Whilst the legislation is still not entirely uniform, there is much more consistency between the various Australian jurisdictions than had existed beforehand.
South Australia introduced the Defamation Act 2005 (SA) which commenced on 1 January 2006.
The new Acts do not affect the operation of the general law in relation to the tort of defamation except to the extent that the Acts provide otherwise (whether expressly or by necessary implication): Defamation Act 2006 (SA) section 6.
It is important to ensure that facts are correct prior to publication. Often it is the manner in which material is written, as opposed to its subject matter, which causes difficulties. Knowledge of the law of defamation will assist in framing material appropriately and avoiding claims. If in doubt journalists should consult more senior staff or seek legal advice. Prevention of problems is cheaper (and better for career advancement) than cure.
2. What is defamatory?
There is no uniformly accepted definition. Basically, a publication is defamatory if it causes the injured party's
MEDIA LAW - 2007
1. DEFAMATION
1. Why a law of defamation?
Every member of society has an interest in retaining his or her personal reputation and standing. All members of the community also have an interest in a free flow of information and communication. There is a tension between these two interests.
The law represents a balance between personal interests in reputation on one hand and community interests in free speech and an uninhibited flow of information and opinions on the other.
The law of defamation in Australia has, until recently, lacked uniformity. Given the advances in technology and the growth of national publications, the pressure for uniformity gained such momentum that, after many years, uniform defamation legislation has been introduced in each state and territory. Whilst the legislation is still not entirely uniform, there is much more consistency between the various Australian jurisdictions than had existed beforehand.
South Australia introduced the Defamation Act 2005 (SA) which commenced on 1 January 2006.
The new Acts do not affect the operation of the general law in relation to the tort of defamation except to the extent that the Acts provide otherwise (whether expressly or by necessary implication): Defamation Act 2006 (SA) section 6.
It is important to ensure that facts are correct prior to publication. Often it is the manner in which material is written, as opposed to its subject matter, which causes difficulties. Knowledge of the law of defamation will assist in framing material appropriately and avoiding claims. If in doubt journalists should consult more senior staff or seek legal advice. Prevention of problems is cheaper (and better for career advancement) than cure.
2. What is defamatory?
There is no uniformly accepted definition. Basically, a publication is defamatory if it causes the injured party's