Abstract

http://ssrn.com/abstract=1802618
 


 



Reynolds Privilege, Common Law Defamation and Malaysia


Andrew T. Kenyon


University of Melbourne Law School

Ang Hean Leng


Monash University

April 4, 2011

Singapore Journal of Legal Studies, pp. 256-281, December 2010

Abstract:     
The defence of qualified privilege has developed in the defamation law of many countries that share English legal heritage. Malaysian cases have applied, in particular, English or Australian developments in qualified privilege. However, Malaysian judgments have not engaged in a close analysis of how the foreign changes arise under Malaysian law. This article explains how the Australian developments appear difficult to apply within the Malaysian context, while the English developments offer a clear avenue for Malaysian defamation law’s modernisation. The key reason for this is the way in which the English Reynolds privilege can be seen to have its origins, at least in part, within the common law as well as within European human rights standards. The common law aspects of Reynolds, apparent from a wide range of English judicial statements, offer a doctrinal basis for the existing and future application of the Reynolds defence in Malaysian defamation law.

Number of Pages in PDF File: 26

Accepted Paper Series


Date posted: April 4, 2011  

Suggested Citation

Kenyon, Andrew T. and Hean Leng, Ang, Reynolds Privilege, Common Law Defamation and Malaysia (April 4, 2011). Singapore Journal of Legal Studies, pp. 256-281, December 2010. Available at SSRN: http://ssrn.com/abstract=1802618

Contact Information

Andrew T. Kenyon (Contact Author)
University of Melbourne Law School ( email )
Victoria, 3010
Australia
61 3 8344 9972 (Phone)
61 3 9348 0973 (Fax)
HOME PAGE: http://www.law.unimelb.edu.au/cmcl/
Ang Hean Leng
Monash University ( email )
Wellington Road
Victoria, 3145
Australia
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