Short description
Examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. This book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society.
Long description
The law of defamation contemplates the clash of two fundamental rights, the right to freedom of expression, including freedom of the media, and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion and theoretical analysis of the rights in issue; thus the value underlying the right to reputation is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasises that speech on matters of public interest should receive greater protection than private speech. The book argues that fundamental rules and procedures of defamation law need to be reformed to take into account the dual importance of public interest speech, on the one hand, and the right to human dignity on the other.;In particular, the presumptions that defamatory allegations are false and have caused damage, the principle of strict liability, and the availability of punitive damages, cannot survive constitutional scrutiny. The remedies available in defamation cases should be reformed to reflect the importance of dignity to the claimant, and the free speech interest of the public in receiving accurate information on matters of public interest. Finally, a number of procedural and structural obstacles to claimants and defendants, such as the absence of legal aid, need to be revisited in order for the rights to free speech and reputation to be meaningfully celebrated through the law of defamation.