'Veritas non est defamatio'? Truth as a Defence in the Law of Defamation

31 Legal Studies (2011), pp. 1-20

Edinburgh School of Law Research Paper No. 2013/11

20 Pages Posted: 22 Feb 2013 Last revised: 16 Jun 2013

See all articles by Eric Descheemaeker

Eric Descheemaeker

University of Melbourne - Law School

Date Written: January 1, 2011

Abstract

Despite the limited exception introduced by statute in 1974, the principle that truth is and ought to be a complete defence to all actions in defamation is typically regarded as self-evident in modern English law. The fact that England stands here against not only the whole of the civilian tradition but also a number of common-law jurisdictions suggests, however, that it is not. This article, after surveying the history of the principle in English law and the debates that it has spurred in the past, argues that English law is right on this question, but needs to understand more cogently why. This, in turn, requires an examination of the interests protected by the cause of action. It is only if we accept that it is, and is solely, reputation founded in character that the defence of veritas will be secured.

Keywords: Defamation, Truth, Veritas, Rehabilitation of Offenders Act 1974, Reputation, Privacy, Iniuria, Lord Campbell

Suggested Citation

Descheemaeker, Eric, 'Veritas non est defamatio'? Truth as a Defence in the Law of Defamation (January 1, 2011). 31 Legal Studies (2011), pp. 1-20, Edinburgh School of Law Research Paper No. 2013/11, Available at SSRN: https://ssrn.com/abstract=2222356

Eric Descheemaeker (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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