Jump to ContentJump to Main Navigation
Defamation and Freedom of Speech$
Users without a subscription are not able to see the full content.

Dario Milo

Print publication date: 2008

Print ISBN-13: 9780199204922

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199204922.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 January 2021

Fault and Defamation Liability

Fault and Defamation Liability

Chapter:
(p.185) VI Fault and Defamation Liability
Source:
Defamation and Freedom of Speech
Author(s):

Dario Milo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199204922.003.0006

This chapter explores the issue of fault in defamation law. Part B argues that even before defences such as that of responsible publication developed at common law, the question of whether the defendant acted with fault shaped, and continues to govern, key areas of defamation law. Part C discusses the current understanding of responsible publication in English, Australian, and South African law, and of actual malice in US law. In Part D, it is submitted that constitutionalizing the common law of defamation requires that, in cases of public speech concerning false statements of fact, liability should be based on negligence; this effects a more appropriate balance between freedom of expression and reputation than the actual malice standard. Part E shifts the focus to the liability of secondary publishers such as libraries, vendors, and internet service providers (ISPs). It argues that the current test of negligence that applies in these contexts is not adequate to balance freedom of speech on matters of public interest and reputation. Part F concludes the discussion.

Keywords:   common law of defamation, constitutional fault, public speech, fault liability

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .