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Where am I now? Lawlink > Law Reform Commission > Publications > Report 75 (1995) - Defamation
Report 75 (1995) - Defamation Table of Contents
BACKGROUND THE COURSE OF THE REFERENCE DEVELOPMENTS DURING THE COURSE OF THE REFERENCE COMMENT ON THE TERMS OF REFERENCE Uniformity The Defamation Bill Empirical research Privacy Shield laws
2. OBJECTIVES AND CONTEXT OF DEFAMATION LAW THE PROTECTION OF REPUTATION The meaning of reputation How reputations should be vindicated
Remedial consequences Damages The declaration of falsity Relationship between damages and the declaration of falsity Economic loss Weakening the hold of damages on defamation law Reform of aspects of the law of damages in defamation cases DEFAMATION AND PRIVACY
EVALUATING THE ROLE OF THE JURY THE ISSUES IN AN ACTION FOR DAMAGES Assessing what is defamatory
Public interest Issues concerning publication Defences Damages THE POSITION IN THE DISTRICT COURT
IMPUTATIONS FALSITY The role of falsity in the law of defamation Privacy protection The incidence of the burden of proof The onus in particular contexts
Contextual truth THE PUBLIC FIGURE TEST AFTER THEOPHANOUS THE PROBLEMS WITH THE PUBLIC FIGURE TEST Complex categories of plaintiffs Difficulty and expense of litigating “fault” Need to overrule journalists’ privilege Excessive damage awards resulting from juries’ focus on media fault High incidence of successful appeals by defendants Tendency to promote unsatisfactory regulatory standard No resolution of issue of truth Summary
6. REMEDIES OTHER THAN DAMAGES THE DECLARATION OF FALSITY The rationale of the declaration of falsity The relationship between the declaration of falsity and damages Factual imputations The court's discretion No affirmative defences
Protected reports and court or official notices Inapplicable defences Procedure The publication of the declaration of falsity Costs Economic loss The declaration of falsity and the constitutional implication of freedom of political discussion OTHER REMEDIES Injunctions Account of profits
COMPARISON WITH AWARDS IN PERSONAL INJURY CASES CAPPING DAMAGES THE EFFECT OF FALSITY ON DAMAGES AGGRAVATED DAMAGES INTEREST ON DAMAGES
8. REQUESTED CORRECTIONS AS A DEFENCE Procedure Promptness of the correction Adequacy of the correction
Content of the correction Costs issues Recovery of damages for economic loss OFFER OF AMENDS
10. QUALIFIED PRIVILEGE AND THE CONSTITUTIONAL DEFENCE COMMON LAW QUALIFIED PRIVILEGE SECTION 22 OF THE DEFAMATION ACT 1974 (NSW) THE CONSTITUTIONAL DEFENCE EVALUATION OF COMMON LAW QUALIFIED PRIVILEGE, SECTION 22 AND THE CONSTITUTIONAL DEFENCE REVELATION OF SOURCES
LEGISLATIVE PRACTICE AND POLICY COMMUNICATIONS CONCERNING MATTERS OF STATE PROCEEDINGS IN PARLIAMENT Extent of parliamentary privilege
Provisions of the draft Defamation Bill 1992 Meaning of “impeached or questioned in any court or place out of Parliament” Statutory definition Right of reply JUDICIAL OR QUASI-JUDICIAL PROCEEDINGS EXTENSIONS OF ABSOLUTE PRIVILEGE Local government proceedings IDENTIFYING ABSOLUTE PRIVILEGE Recording absolute privilege in Defamation Act Adoption of draft Defamation Bill format Proceedings of inquiry not specifically mentioned
PROTECTED REPORTS AT COMMON LAW PROTECTED REPORTS UNDER THE DEFAMATION ACT 1974 EXTENDING THE PROTECTED REPORTS DEFENCE General principles Drafting practice Specific extensions of the defence
Proceedings of a local authority Proceedings at company general meetings RIGHT OF REPLY COURT AND OFFICIAL NOTICES
LIMITATION PERIOD FOR DEFAMATION ACTIONS EXPRESS POWER TO STRIKE OUT DEFAMATION ACTIONS THE MYTHOLOGY OF THE STOP WRIT PROCEDURAL RULES
14. ALTERNATIVE DISPUTE RESOLUTION MEDIATION IN DEFAMATION ACTIONS MEDIATION UNDER THE SUPREME COURT ACT PROCEDURES FOR MEDIATION
APPENDIX 1: DEFAMATION AMENDMENT BILL 1995 APPENDIX 2: LIST OF SUBMISSIONS RECEIVED APPENDIX 3: SEMINARS AND CONFERENCES APPENDIX 4: SELECT BIBLIOGRAPHY
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