The Third Man: Reform of the Australasian Defamation Defences
The Third Man - Reform of the Australasian Defamation Defences plots an entirely new course for defamation law reform and in doing so provides a detailed analysis of the current Australasian defences.Its starting point is the recognition that a cause of action in defamation presupposes the existence of at least three people: a plaintiff; a defendant; and a person to whom the defamatory material is published (the "Third Man" of the title, which was inspired by Carol Reed's 1949 film masterpiece of the same name).The central thesis of the book is that many of the intractable problems apparent in the current defensive regime disappear if the focus is changed to take account of the legitimate interests of the recipients of defamatory publications.The first two chapters set out powerful arguments for the acceptance of this third man principle. The following six contain a searching evaluation of the current Australasian defences by reference to this principle.Each treatment of an existing area of defence concludes by proposing draft model provisions designed to satisfy the third man principle. The threads of these individual proposals are woven together into a single, cohesive fabric - model Part Z - in the final chapter and accompanying appendix.The authoritative Law of Defamation (The Federation Press, 1998 - now out of print) established Michael Gillooly as a leading scholar in the field of defamation law. Many will find The Third Man compelling, both in its analysis of defences in the current law and his argument for reform.
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The Third Man Principle
Truth and Related Defences
Fair Comment and Honest Opinion
Absolute Privilege or Protection
Qualified Privilege or Protection
absolute privilege Aust Torts Rep Australian Capital Territory cause of action Channel Nine Chapter circumstances CLA ACT common law common law defence Defamation Act 1974 Defamation Law defamatory matter defamatory statement defence of fair defence of qualified fair and accurate fair report Fairfax & Sons High Court imputation innocent dissemination John Fairfax jurisdictions Lange v ABC Lange v Atkinson law of defamation legislation legitimate interest Lord malice material matter complained matter of public matters of legitimate Mirror Newspapers 1984 Nationwide Newspapers 1994 Newspapers 2001 Note NSWLR NSWSC NZHC NZLR occasion of qualified opinion Parliament Parliament of Queensland Parliamentary person plaintiff political Privacy proceedings proposed protection prove provides public interest purpose qualified privilege reasonable relevant requirement SASR Section South Wales statutory defences Tasmania Television New Zealand third third-man principle truth unreported West Midlands Police whilst Zealand