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Australian defamation law is defined through a combination of common law and statutory law. Between 2014 and 2018, Australia earned the title of “world defamation capital”, recording 10 times as many libel claims as the UK on a per-capita basis. [1] Australia's common law is nationally uniform, and so principles and remedies for defamation ...
Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. As with most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in the province of Quebec where private law is derived from French civil law).
In America, for example, the unique tort of false light protects plaintiffs against statements which are not technically false but are misleading. [57] Libel and slander both require publication. [58] Although laws vary by state; in America, a defamation action typically requires that a plaintiff claiming defamation prove that the defendant:
Japan does not have nationally enforced hate speech laws. Japanese law covers threats and slander, but it "does not apply to hate speech against general groups of people". [52] Japan became a member of the United Nations International Convention on the Elimination of All Forms of Racial Discrimination in 1995. Article 4 of the convention sets ...
Among the various common law jurisdictions, some Americans have presented a visceral and vocal reaction to the Gutnick decision. [48] On the other hand, the decision mirrors similar decisions in many other jurisdictions such as England, Scotland, France, Canada and Italy. In 2006, uniform defamation laws came into effect across Australia. [49]
According to the 2016 census, 77.1% of Quebec residents cite French alone as their mother tongue and 84.5% use French as their primary first official language of Canada. In contrast, the rest of Canada has a majority of English-speakers; 70.6% cite English alone as their mother tongue.
Some states codify what constitutes slander and libel together into the same set of laws. Some states have criminal libel laws on the books, though these are old laws which are very infrequently prosecuted. Washington State has held its criminal libel statute unconstitutional applying the state and federal constitutions to the question. [16]
Article 20(2) of the ICCPR prohibits national, religious, or racial hatred that incites violence, discrimination, or hostility. [24] Most developed democracies have laws that restrict hate speech, including Australia, Canada, [25] Denmark, France, Germany, India, Ireland, [26] South Africa, Sweden, New Zealand, and the United Kingdom. [27]