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Re: F6 post# 253271

Sunday, 08/14/2016 12:38:26 AM

Sunday, August 14, 2016 12:38:26 AM

Post# of 574878
Yup thanks, had been wandering in thoughts as those, too. Looks at least roughly similar in Australia.

Defamation in Australia .. bit ..

Political debate

Two rulings by the High Court introduced a new defence based on what the judges saw as an implied freedom of speech in the Constitution. The High Court decided (by a majority decision) that in order for democracy to work, we must be allowed to say defamatory things about people engaged in political debate without fear of being sued if they prove to be untrue.

The defence is similar to the so-called "public figure defence" available in the United States, but only applies in cases of genuine political discussions (which the High Court left lower courts to define) and it cannot be used to defame people simply because they are in the public eye.

The High Court in the Lange case further defined the conditions under which this defence can be used. It said the matter must be on a government or political issue, must not be motivated by malice (which we explain later) and publication must be reasonable. To prove reasonableness, you will have to prove:

* You had reasonable grounds for believing it was true,
* You took proper steps to check the accuracy of the material,
* Where practicable, you sought a response from the person defamed.
http://www.thenewsmanual.net/Resources/medialaw_in_australia_02.html

Roughly, as your 1st Amdt. makes it tougher to win there.

The Australian High Court unanimously accepted Mr Gutnick's submissions and ruled that publication of material on the Internet occurs for the purpose of defamation law in the place where the material is downloaded and comprehended by Internet users. This meant that Mr Gutnick could continue his proceedings in Victoria as opposed to having to sue in the US, where the First Amendment constitutional right to freedom of speech can make recovery in defamation actions more difficult. .. http://www.findlaw.com.au/articles/422/world-wide-internet-defamation-law-divided.aspx

Ours would be closer to Canada.

Chart: Differences Between United States and Canadian Defamation Law .. tiny bit ..

The United States is widely considered to have the most defendant-friendly libel laws in the English-speaking world.
http://kellywarnerlaw.com/chart-differences-between-united-states-and-canadian-defamation-law/

So assholes as Jones and Trump are pretty much free to say whatever they want about someone they want to smear. Got it.



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