Strict liability in the law of defamation

Gray, Anthony (2019) Strict liability in the law of defamation. Tort Law Review, 27 (2). pp. 81-99. ISSN 1039-3285


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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 27 Feb 2020 23:29
Last Modified: 13 Mar 2020 06:45
Uncontrolled Keywords: strict liability, fault defamation, free speech, negligence, law reform
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940401 Civil Justice
URI: http://eprints.usq.edu.au/id/eprint/38328

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