Slander and libel

In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someone's reputation. "Defamation" is however the generally-used term internationally, and is accordingly used in this article where it is not necessary to distinguish between "libel" and "slander".

Australian law

Australian law tends to follow English law on defamation issues, although there are differences introduced by statute. A recent judgment of the High Court of Australia has significant consequences on interpretation of the law. On 10 December, 2002, the High Court of Australia handed down its judgment in the Internet defamation dispute in the case of Gutnick v Dow Jones. The judgment, which established that Internet-published foreign publications which defamed an Australian in his Australian reputation could be held accountable under Australian libel law, has gained worldwide attention and is often (although inaccurately, see for example Berezovsky v Forbes in England) said to be the first of its kind; the case was subsequently settled.

Related Topics:
Australia - High Court of Australia - 10 December - 2002 - Gutnick v Dow Jones

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Among the various common law jurisdictions, some Americans have presented a visceral and vocal reaction to the Gutnick decision. It has been suggested that both the broad assertion of personal jurisdiction by Australia (which has a similar personal jurisdiction rule to most jurisdictions) and the underlying imposition of strict liability for defamation run counter to notions of fairness and due process that Americans consider to be fundamental aspects of their system of justice. On the other hand, the decision, which mirrors similar decisions in many other jurisdictions such as England, Scotland, France, and Italy, has been defended on the basis that those who choose to publish worldwide cannot complain if they are sued worldwide; and the existence of pro-defender defamation laws in America does not give Americans a licence to be free of the laws of other countries.

Related Topics:
Personal jurisdiction - Fairness - Due process

~ ~ ~ ~ ~ ~ ~ ~ ~ ~