“In the past few years there have been several high-profile cases where media have been ordered to pay millions of dollars in defamation compensation. Media organisations argue this has had a chilling effect on reporting in Australia” theguardian.com/law/2019/nov/2…
“The defamation system is stacked against Australian journalists,” the Media Entertainment and Arts Alliance’s media federal president, Marcus Strom, said in May. “It makes their job of shining a light into public interest matters all the more difficult.”
“The system has become unworkable … Our current laws inhibit the public’s right to know, and rather than guaranteeing fairness … are being used as a weapon to threaten and attack legitimate reporting.”
“Experts have suggested that Australia’s defamation law have stifled reporting on allegations of sexual harassment as part of the #MeToo movement in Australia.”
“NSW attorney general, Mark Speakman, has led a review of defamation law since June last year, & said in an opinion piece published on Friday that the laws were no longer fit for purpose, & courts “overrun” with minor claims related to “trivial comments” made on social media”
“What will it mean for media?
The biggest change would be for online news articles. Under current law, any time an article is viewed it is considered a new publication, meaning publishers have indefinite liability every time someone clicks on an article.”
The biggest change would be for online news articles. Under current law, any time an article is viewed it is considered a new publication, meaning publishers have indefinite liability every time someone clicks on an article.”
“The changes proposed by Speakman would mean “publish” as defined in defamation law means when the article was published on the internet, and not when someone clicks on it.”
“There would also be a defence similar to that in New Zealand law that would allow publishers to claim the material was “responsible communication on a matter of public interest”. Speakman also proposes a change to the cap on damages.”
