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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 27 May 2024

p. 53421. Defences and remedies in defamationlocked

p. 53421. Defences and remedies in defamationlocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria

Abstract

This chapter examines the defences that can be used in defamation cases and the remedies that are available to defendants. The defences are of particular importance in this area in terms of protecting the rights and interests of both the public and the defendant (essentially permitting freedom of expression). Principal defences include consent, the assumption of risk, offer of amends, truth, honest opinion, absolute privilege, and qualified privilege. The available remedies for defamation claims are mainly damages and injunctions. This chapter incorporates a discussion of both the Defamation Act 1996 and the Defamation Act 2013 and analyses relevant court cases.

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