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Defamation law in Australia developed primarily out of the English law of defamation and its cases, though now there are differences introduced by statute and by the implied constitutional limitation on governmental powers to limit speech of a political nature established in Lange v Australian Broadcasting Corporation (1997).
The origins of the United States' defamation laws pre-date the American Revolution; one influential case in 1734 involved John Peter Zenger and established precedent that "The Truth" is an absolute defense against charges of libel.
English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual (or individuals; under English law companies are legal persons, and allowed to bring suit for defamation) [19] [20] [21] in a manner which causes them loss in their trade or profession ...
The Defamation Act 2013 (c 26) is an Act of the Parliament of the United Kingdom, which changed English defamation law on issues of the right to freedom of expression and the protection of reputation.
The legal burden of proof in defamation actions is thus higher in the case of a public figure than in the case of an ordinary person. Libel laws vary considerably on this matter from jurisdiction to jurisdiction. Even within a cultural grouping, the libel laws of the UK are quite different from those in the US, for example.
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Keith-Smith v Williams is a 2006 English libel case that confirmed that existing libel laws applied to internet discussion. [1]It was important because it was seen as the first UK internet libel case that represented two individuals rather than one party being an Internet Service Provider, [2] and was the first British case involving a successful prosecution of an individual poster within a ...
Defamation Act (with its variations) is a stock short title used for legislation in Australia, Hong Kong, Malaysia, New Zealand, the Republic of Ireland and the United Kingdom relating to defamation. It supersedes the short title Libel Act .