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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Defamation law (slander & libel)
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Defamation and Freedom of Speech (Hardcover, New)
Loot Price: R3,800
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Defamation and Freedom of Speech (Hardcover, New)
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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. The central
proposition that this book makes is that defamation law needs to be
reformed to balance the conflicting rights. This discussion flows
from a theoretical analysis of the rights in issue; the value
underlying the right to reputation that has most resonance is human
dignity, while the value that is most apposite to freedom of
expression in this context is the argument that free speech is
integral to democracy. The argument from democracy emphasizes that
speech on matters of public interest should receive greater
protection than private speech. This book argues that fundamental
rules 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 principle of strict liability to primary publishers and
negligence liability to secondary publishers, and the availability
of punitive damages, should not survive constitutional scrutiny.
The quantum of damages and costs rules, and the remedies available
in defamation cases, should also be reformed to reflect the
importance of dignity to the claimant, and the free speech interest
of the public in receiving accurate information on matters of
public interest.
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