Defamation and Freedom of Speech

Erscheinungsjahr 2007
ISBN: 978-0-19-920492-2
Verlag: OUP UK

Buch, Englisch, 374 Seiten, Print PDF, Format (B × H): 161 mm x 240 mm, Gewicht: 725 g

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 flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance 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 emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules 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 to primary publishers and negligence liability to secondary publishers, and the availability of punitive damages, should not survive constitutional scrutiny. The quantum of damages and costs rules, and the remedies available in defamation cases, should also 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.

Autoren/Hrsg.

Milo, Dario

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Verwaltungsrecht

Inhaltsverzeichnis

- 1: Introduction

- 2: The Right to Reputation

- 3: Freedom of Expression and Freedom of the Media

- 4: Public Speech

- 5: The Presumption of Falsity

- 6: Fault and Defamation Liability

- 7: Aspects of Damages and Costs

- 8: Alternative Remedies

- 9: Conclusion

Über Autor(innen)

Partner, Media Law Department, Webber Wentzel Bowens Attorneys, Johannesburg; Part-time Lecturer, University of the Witwatersrand, Johannesburg. Dr Milo has been voted one of the leading lawyers in the field of Telecommunications, Media and Technology law by Chambers Global (2007). He is currently acting for media groups in South Africa in a number of landmark defamation cases, such as claims brought by the Deputy President of the African National Congress, Jacob Zuma.