Book

Defamation and Freedom of Speech

Dario Milo

Published in print February 2008 | ISBN: 9780199204922
Published online January 2009 | e-ISBN: 9780191709449 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199204922.001.0001
Defamation and Freedom of Speech

Show Summary Details

Preview

The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules of defamation law need to be reformed to take into account the dual importance of public interest speech on the one hand, and the right to human dignity on the other. In particular, the presumptions that defamatory allegations are false and have caused damage, the principle of strict liability to primary publishers and negligence liability to secondary publishers, and the availability of punitive damages, should not survive constitutional scrutiny. The quantum of damages and costs rules, and the remedies available in defamation cases, should also be reformed to reflect the importance of dignity to the claimant, and the free speech interest of the public in receiving accurate information on matters of public interest.

Keywords: defamation law; freedom of expression; reputation; free speech; public interest speech

Book.  384 pages. 

Subjects: Civil Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »


Table of Contents

Introduction in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

The Right to Reputation in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Freedom of Expression and Freedom of the Media in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Public Speech in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

The Presumption of Falsity in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Fault and Defamation Liability in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Aspects of Damages and Costs in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Alternative Remedies in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Conclusion in Defamation and Freedom of Speech

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.