Strict liability in the law of defamation
Article
Article Title | Strict liability in the law of defamation |
---|---|
ERA Journal ID | 33984 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Tort Law Review |
Journal Citation | 27 (2), pp. 81-99 |
Number of Pages | 19 |
Year | 2019 |
Publisher | Lawbook Co. |
Place of Publication | Sydney, Australia |
ISSN | 1039-3285 |
Web Address (URL) | http://sites.thomsonreuters.com.au/journals/category/tort-law-review/ |
Abstract | Defamation has traditionally been seen as a tort of strict liability, subject to defences. This article argues, in a context where government is considering major reform to the law of defamation, that the opportunity exists to move defamation to a fault-based tort, where the one accusing the other of wrongdoing must prove fault in the publication of defamatory words. This would better accommodate free speech interests, simplify the law, be more consistent with trends in tort law away from notions of strict liability in favour of fault-based liability. |
Keywords | strict liability, fault defamation, free speech, negligence, law reform |
ANZSRC Field of Research 2020 | 480605. Tort law |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q5q84/strict-liability-in-the-law-of-defamation
320
total views8
total downloads1
views this month0
downloads this month