Defamation. Often salacious or scandalous, especially when it involves Hollywood Stars or high profile federal politicians. It’s about defending one’s honour - and earning capacity. It’s an area of law where a person’s right to protect their reputation rubs up against someone else’s freedom of expression. Defamation cases are the juridical stage on which these incredible battles of fundamental rights and freedoms play out.

There’s a lot to consider before launching defamation action, not least whether the action itself increases the damage of the offending material. 

And a lot of defamation is now happening online but our laws were written before the internet was invented, so keeping up with technology is essential to successful defamation laws. But it’s not a new problem. A case against the ABC when broadcasting began in the 1930s faced similar issues.

Hear from judges and barristers about prosecuting and deciding these difficult cases.

Links to matters discussed in this episode

Meldrum v Australian Broadcasting Co Ltd

Webb & Bloch

Dow Jones and Company Inc v Gutnick

 

Defamation. Often salacious or scandalous, especially when it involves Hollywood Stars or high profile federal politicians. It&rsquo;s about defending one&rsquo;s honour - and earning capacity. It&rsquo;s an area of law where a person&rsquo;s right to protect their reputation rubs up against someone else&rsquo;s freedom of expression. Defamation cases are the juridical stage on which these incredible battles of fundamental rights and freedoms play out.
There&rsquo;s a lot to consider before launching defamation action, not least whether the action itself increases the damage of the offending material.&nbsp;
And a lot of defamation is now happening online but our laws were written before the internet was invented, so keeping up with technology is essential to successful defamation laws. But it&rsquo;s not a new problem. A case against the ABC when broadcasting began in the 1930s faced similar issues.
Hear from judges and barristers about prosecuting and deciding these difficult cases.
Links to matters discussed in this episode
<a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VicLawRp/1932/46.html?context=1;query=meldrum;mask_path=au/cases/vic/VicLawRp">Meldrum v Australian Broadcasting Co Ltd</a>
<a href="https://jade.io/article/63395">Webb &amp; Bloch</a>
<a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2002/56.html">Dow Jones and Company Inc v Gutnick</a>
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Drama has unfolded in these courtrooms for more than 130 years, from serial murderers and gangland wars to multimillion-dollar commercial disputes and celebrity defamation cases. Follow Greg Muller and Evan Martin as they take a step behind the bench of one of Australia’s oldest institutions and hear from judges as they explain why they make the decisions they do. Gertie's Law takes a deep dive into some of the lesser-known, misunderstood or complex parts of the court’s work, such as sentencing, mental health, juries and the criminal trial process. Revisit historic cases, meet the many people who work here, from judges to Corrections staff, and take a close look at how a modern justice system operates in a 19th century building. Authorised by the Supreme Court of Victoria, 210 William St, Melbourne

Drama has unfolded in these courtrooms for more than 130 years, from serial murderers and gangland wars to multimillion-dollar commercial disputes and celebrity defamation cases. Follow Greg Muller and Evan Martin as they take a step behind the bench of one of Australia&rsquo;s oldest institutions and hear from judges as they explain why they make the decisions they do. Gertie's Law takes a deep dive into some of the lesser-known, misunderstood or complex parts of the court&rsquo;s work, such as sentencing, mental health, juries and the criminal trial process. Revisit historic cases, meet the many people who work here, from judges to Corrections staff, and take a close look at how a modern justice system operates in a 19th century building. Authorised by the Supreme Court of Victoria, 210 William St, Melbourne

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