The law of defamation contemplates the clash of two fundamental rights; the right to freedom of expression, including freedom of the media, and the right to reputation. The rules of defamation law are designed to mediate between these two rights. Defamation and Freedom of Speech argues that fundamental rules and procedures of defamation law need to be reformed to take into account the dual importance of public interest speech, on the one hand, and the right to human dignity on the other. In particular, the presumptions that defamatory allegations are false and have caused damage, the...
The law of defamation contemplates the clash of two fundamental rights; the right to freedom of expression, including freedom of the media, and the ri...