Abstract

http://ssrn.com/abstract=1032487
 
 

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Dirty Pictures: Defamation, Reputation and Nudity


David Rolph


University of Sydney - Faculty of Law


Law Text Culture, No. 10, pp. 101-134, 2006
Sydney Law School Research Paper No. 07/78

Abstract:     
The concept of reputation in defamation law has not been the subject of detailed academic analysis. The most comprehensive account of reputation in defamation law remains Robert C. Post's seminal article, 'The Social Foundations of Defamation Law: Reputation and the Constitution' (1986) 74 California Law Review 691. Post identifies at least three concepts of reputation in defamation law: reputation as property; reputation as honor; and reputation as dignity. This article seeks to apply Post's concepts of reputation to Australian defamation law. Through a case-study of two recent defamation cases, the high-profile litigation of Ettingshausen v Australian Consolidated Press and the comparatively little known case of Shepherd v. Walsh [2001] QSC 358, this article explores the concept of reputation in Australian defamation law. Although these two cases bear important similarities - both involve plaintiffs suing in respect of the publication of naked photographs they claimed exposed them to ridicule - the differences are more striking. This article argues that reputation can be understood as an economic and a social construct but should also be recognized as a media construct - reputation as celebrity.

Number of Pages in PDF File: 25

Keywords: Tort, Defamation, Reputation, Celebrity, Nudity, Photography, Ridicule, Australia

JEL Classification: K10, K30, L82, K13

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Date posted: November 27, 2007  

Suggested Citation

Rolph, David, Dirty Pictures: Defamation, Reputation and Nudity. Law Text Culture, No. 10, pp. 101-134, 2006; Sydney Law School Research Paper No. 07/78. Available at SSRN: http://ssrn.com/abstract=1032487

Contact Information

David Rolph (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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