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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 ...
Such references to British law became more problematic in the Twentieth Century, with some judges and academics arguing that the basic principles of the civil law gave rise to similar defenses without need to refer to English case law or principle. [23] The Civil Code of Quebec does not have specific provisions relating to an action in defamation.
Some common law jurisdictions distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel. [26] The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting ...
Compared to the United States, Canada's regulatory environment is markedly protective of net neutrality. This is credited to the country's regulatory structure, existing laws, bipartisan agreement on the issue, and the uncompetitive nature of the Canadian telecom market, which necessitates tight regulation to avoid abuses. [19]
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]
Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. [1] Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the ...
Not all restrictions on free speech are a breach of the prior restraint doctrine. It is widely accepted that publication of information affecting national security, particularly in wartime [clarify], may be restricted, even when there are laws that protect freedom of expression.
Some U.S. state courts have ruled that false light lawsuits brought under their states' laws must be rewritten as defamation lawsuits; these courts generally base their opinion on the premises that a) any publication or statement giving rise to a false-light claim will also give rise to a defamation claim, such that the set of statements ...