LAW7140

Defamation and freedom of speech

Professor F Trindade

One 2-hour seminar per week
* Second semester
* City

Objectives Students who successfully complete this subject should (1) have a good understanding of the balance which the law attempts to achieve between freedom of speech and the protection of reputation; (2) be in a position to examine statements both oral and written and advise whether those statements, when published, are likely to be considered defamatory by the courts; (3) be in a position to advise a person who has been defamed in relation to the remedies available; (4) be able to advise on the liability of a person who wrongfully uses confidential personal information or discloses it to a third party; and (5) be able to examine the legal content conveyed in this subject through different perspectives and in particular form a view on whether the laws of defamation and confidentiality of information adequately reflect the changing needs of our contemporary multicultural society.

Synopsis This subject begins with an analysis of the concept of freedom of speech and the concept of `political discussion' as developed by the High Court. The two major restraints on freedom of speech viz. the law of defamation and the action for breach of confidence are then considered. Emphasis will be on the law of defamation and the shift towards a uniform law of defamation in Australia signalled by several recent decisions of the High Court. These matters and the reform of the law of defamation will be examined in this course.

Assessment Written research assignment (3000-4000 words): 40%
* Final written examination (2.5 hours): 60%

Texts

Barendt E Freedom of speech OUP, 1985
New South Wales Law Reform Commission Defamation (Report No.75), 1995
Australian Law Reform Commission Unfair publication: defamation and privacy (ALRC Report No. 11) AGPS, 1979
Wrongs Act 1958 (Vic.) (as amended)