The Third Man Reform of the Australasian Defamation Defences plots
an entirely new course for defamation law reform and in doing so
provides a detailed analysis of the current Australasian defences.
Its starting point is the recognition that a cause of action in
defamation presupposes the existence of at least three people: a
plaintiff; a defendant; and a person to whom the defamatory
material is published (the Third Man of the title, which was
inspired by Carol Reed's 1949 film masterpiece of the same name).
The central thesis of the book is that many of the intractable
problems apparent in the current defensive regime disappear if the
focus is changed to take account of the legitimate interests of the
recipients of defamatory publications. The first two chapters set
out powerful arguments for the acceptance of this third man
principle. The following six contain a searching evaluation of the
current Australasian defences by reference to this principle. Each
treatment of an existing area of defence concludes by proposing
draft model provisions designed to satisfy the third man principle.
The threads of these individual proposals are woven together into a
single, cohesive fabric model Part Z in the final chapter and
accompanying appendix. The authoritative Law of Defamation (The
Federation Press, 1998 now out of print; new edition planned)
established Michael Gillooly as a leading scholar in the field of
defamation law. Many will find The Third Man compelling, both in
its analysis of defences in the current law and his argument for
reform.
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