Anti-Vilification Laws and Freedom of Religion in Australia - Is Defamation Enough?

23 Pages Posted: 18 Aug 2013

Date Written: June 08, 2013

Abstract

Freedom of religion and freedom of speech, two fundamental human rights, intersect and may clash when the law prohibits “vilification” of others on the basis of their religion, if the word is defined broadly enough to include offence or annoyance. The paper addresses the current state of religious “anti-vilification” laws in Australia, and updates previous work comparing these laws to the established private law action for defamation, to come to a view as to whether the law of defamation alone may or may not provide an adequate remedy for the perceived harms being dealt with under the anti-vilification laws.

Keywords: Freedom of Reliigion, Religious Vilification, Freedom of Speech

JEL Classification: K19

Suggested Citation

Foster, Neil James, Anti-Vilification Laws and Freedom of Religion in Australia - Is Defamation Enough? (June 08, 2013). Available at SSRN: https://ssrn.com/abstract=2311891 or http://dx.doi.org/10.2139/ssrn.2311891

Neil James Foster (Contact Author)

Newcastle Law School ( email )

1 University Drive
Callaghan, 2308
Australia
0249217430 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
95
rank
264,948
Abstract Views
1,315
PlumX Metrics