Law of Defamation: Overview

Abstract

This chapter sets out to provide a very brief overview of the law of defamation as it exists in most western countries. The differences in defamation law, from one jurisdiction to another, can be vast, and there is no substitute for local knowledge and the advice of a local expert within the relevant jurisdiction.

There are similarities due to the historical roots of defamation law in many jurisdictions. Other countries, without any reliance upon a British common law tradition, still achieve somewhat similar concepts of defamation law due to the shared general desire to protect the position of a person who is wronged by false claims. Mere knowledge of the truth of a matter does not always protect the maker of a statement from defamation proceedings. The relevant defenses in each jurisdiction are of vital importance.

Medical practitioners need to be aware of both the general dangers of defamation law and particular issues with which they may be faced during the conduct of their practices.

Bruce Burke is an Australian solicitor who has practised continuously in the fields of media and defamation law for many years. He is a partner of the firm of Banki Haddock Fiora