About site: Law/Legal Information/Defamation - New South Wales Law Reform Commission: Defamation

About site: http://www.austlii.edu.au/au/other/nswlrc/reports/75/

Title: Law/Legal Information/Defamation - New South Wales Law Reform Commission: Defamation Complete text of the Commission's report. (October 1, 1995)

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NSWLRC Report 75 (1995) - Defamation - Table of Contents AustLII Logo

New South Wales Law Reform Commission

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Report 75 (1995) - Defamation

Terms of reference Participants Executive summary List of recommendations1. INTRODUCTION BACKGROUND THE COURSE OF THE REFERENCE DEVELOPMENTS DURING THE COURSE OF THE REFERENCE COMMENT ON THE TERMS OF REFERENCE Uniformity The Defamation Bill Empirical research Privacy Shield laws 2. OBJECTIVES AND CONTEXT OF DEFAMATION LAW THE PROTECTION OF REPUTATION The meaning of reputation How reputations should be vindicated A new cause of action Remedial consequences Damages The declaration of falsity Relationship between damages and the declaration of falsity Economic loss Weakening the hold of damages on defamation law Reform of aspects of the law of damages in defamation cases THE CONTEXT OF FREEDOM OF SPEECH DEFAMATION AND PRIVACY 3. JUDGE AND JURY EVALUATING THE ROLE OF THE JURY THE ISSUES IN AN ACTION FOR DAMAGES Assessing what is defamatory Falsity Public interest Issues concerning publication Defences Damages PROCEDURAL CONSIDERATIONS THE POSITION IN THE DISTRICT COURT 4. THE CAUSE OF ACTION IMPUTATIONS FALSITY The role of falsity in the law of defamation Privacy protection The incidence of the burden of proof The onus in particular contexts Imputations which are not statements of fact Contextual truth 5. THE PUBLIC FIGURE TEST THE PUBLIC FIGURE TEST AFTER THEOPHANOUS THE PROBLEMS WITH THE PUBLIC FIGURE TEST Complex categories of plaintiffs Difficulty and expense of litigating “fault” Need to overrule journalists’ privilege Excessive damage awards resulting from juries’ focus on media fault High incidence of successful appeals by defendants Tendency to promote unsatisfactory regulatory standard No resolution of issue of truth Summary 6. REMEDIES OTHER THAN DAMAGES THE DECLARATION OF FALSITY The rationale of the declaration of falsity The relationship between the declaration of falsity and damages Factual imputations The court's discretion No affirmative defences Absolute privilege Protected reports and court or official notices Inapplicable defences Speed Procedure The publication of the declaration of falsity Costs Economic loss The declaration of falsity and the constitutional implication of freedom of political discussion OTHER REMEDIES Injunctions Account of profits 7. ASPECTS OF DAMAGES COMPARISON WITH AWARDS IN PERSONAL INJURY CASES CAPPING DAMAGES THE EFFECT OF FALSITY ON DAMAGES AGGRAVATED DAMAGES INTEREST ON DAMAGES 8. REQUESTED CORRECTIONS AS A DEFENCE Procedure Promptness of the correction Adequacy of the correction Placement of the correction Content of the correction Using requested corrections as a defence Costs issues Recovery of damages for economic loss OFFER OF AMENDS 9. INNOCENT DISSEMINATION 10. QUALIFIED PRIVILEGE AND THE CONSTITUTIONAL DEFENCE COMMON LAW QUALIFIED PRIVILEGE SECTION 22 OF THE DEFAMATION ACT 1974 (NSW) THE CONSTITUTIONAL DEFENCEEVALUATION OF COMMON LAW QUALIFIED PRIVILEGE, SECTION 22 AND THE CONSTITUTIONAL DEFENCE REVELATION OF SOURCES 11. ABSOLUTE PRIVILEGE LEGISLATIVE PRACTICE AND POLICY COMMUNICATIONS CONCERNING MATTERS OF STATE PROCEEDINGS IN PARLIAMENT Extent of parliamentary privilege Meaning of “proceedings in Parliament” Provisions of the draft Defamation Bill 1992 Meaning of “impeached or questioned in any court or place out of Parliament” Statutory definition Parliamentary papers and proceedings legislation Right of reply JUDICIAL OR QUASI-JUDICIAL PROCEEDINGS EXTENSIONS OF ABSOLUTE PRIVILEGE Local government proceedings IDENTIFYING ABSOLUTE PRIVILEGE Recording absolute privilege in Defamation Act Adoption of draft Defamation Bill format Proceedings of inquiry not specifically mentioned 12. PROTECTED REPORTS PROTECTED REPORTS AT COMMON LAW PROTECTED REPORTS UNDER THE DEFAMATION ACT 1974 EXTENDING THE PROTECTED REPORTS DEFENCE General principles Drafting practice Specific extensions of the defence Technical amendments Proceedings of a local authority Proceedings at company general meetings ATTRIBUTED STATEMENTS RIGHT OF REPLY COURT AND OFFICIAL NOTICES 13. PROCEDURAL ISSUES LIMITATION PERIOD FOR DEFAMATION ACTIONS EXPRESS POWER TO STRIKE OUT DEFAMATION ACTIONS THE MYTHOLOGY OF THE STOP WRIT PROCEDURAL RULES 14. ALTERNATIVE DISPUTE RESOLUTION MEDIATION IN DEFAMATION ACTIONS MEDIATION UNDER THE SUPREME COURT ACT PROCEDURES FOR MEDIATIONAPPENDIX 1: DEFAMATION AMENDMENT BILL 1995 APPENDIX 2: LIST OF SUBMISSIONS RECEIVED APPENDIX 3: SEMINARS AND CONFERENCES APPENDIX 4: SELECT BIBLIOGRAPHY TABLE OF LEGISLATION TABLE OF CASES INDEX [AustLII Search][NSWLRC Database Search][NSWLRC Home][Table of Contents][Help]Contact Feedback

Complete	text	of	the
Commission's	report.	(October	1,	1995)

http://www.austlii.edu.au/au/other/nswlrc/reports/75/

New South Wales Law Reform Commission: Defamation 2008 August

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Complete text of the Commission's report. (October 1, 1995)

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