Corporations’ Right to Sue for Defamation: An Australian Perspective

Abstract

As the United Kingdom undergoes defamation law reform, it might be useful to consider recent Australian developments. Across Australia, since 2006, corporations have had the right to sue for defamation severely curtailed. After five years of operation, it is possible to make an assessment of the advantages and disadvantages of this reform. This article analyses recent cases in which corporations have been forced to rely on alternative causes of action, which previously would have been dealt with as defamation claims. It argues that the reform is sound as a matter of principle and policy but that the particular form of the legislative provision requires refinement. In addition, this article points out that there have been unintended and undesirable consequences to this reform.

Keywords: tort, defamation, media law, corporations, standing to sue, Australia, United Kingdom, law reform, national uniform defamation laws, misleading or deceptive conduct, breach of confidence, injurious falsehood, injunctions

JEL Classification: K10, K13, K30