Tuesday, October 03, 2006

 

The right to publish potentially defamatory remarks - Part I

The Australian High Court recently ruled on the circumstances under which an injunction should be granted to prevent the publication of potentially defamatory material. I will write about this case in more detail later. But for time being, I would only note that much as I sympathise with the plaintiff in this case (he was essentially deceived into participating in a documentary that links him with murders over and on top of those for which he had be convicted), I think the majority judgments are spot on in terms of legal analysis and the case's result.

Any gut reactions?

Comments:
I am just not sure about this case. On the one hand, I feel that if the plaintiff is innocent, it seems like a pretty bad situation for him. On the other hand, I feel that freedom of speech is important. Very difficult case to decide.
 
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