TY - JOUR
T1 - Uniform defamation laws in Australia
T2 - Moving towards a more 'reasonable' privilege?
AU - Breit, Rhonda
PY - 2011/2
Y1 - 2011/2
N2 - A new uniform defamation regime now operates in Australia. This article canvasses the Uniform Defamation Laws (UDLs), focusing on the defence of qualified privilege and its capacity to protect mass media publications in the public interest. Drawing on case law and analysis of the key approaches to statutory privilege, the article evaluates the current approach to statutory qualified privilege. Taking account of observations in O'Hara v Sims (2008, 2009) about the operation of qualified privilege, it questions whether the UDL statutory qualified privilege will ultimately censor publications in the public interest and restrict the application of the qualified privilege defence.
AB - A new uniform defamation regime now operates in Australia. This article canvasses the Uniform Defamation Laws (UDLs), focusing on the defence of qualified privilege and its capacity to protect mass media publications in the public interest. Drawing on case law and analysis of the key approaches to statutory privilege, the article evaluates the current approach to statutory qualified privilege. Taking account of observations in O'Hara v Sims (2008, 2009) about the operation of qualified privilege, it questions whether the UDL statutory qualified privilege will ultimately censor publications in the public interest and restrict the application of the qualified privilege defence.
UR - http://www.scopus.com/inward/record.url?scp=80053528574&partnerID=8YFLogxK
U2 - 10.1177/1329878x1113800104
DO - 10.1177/1329878x1113800104
M3 - Article
AN - SCOPUS:80053528574
SN - 1329-878X
SP - 9
EP - 20
JO - Media International Australia
JF - Media International Australia
IS - 138
ER -