Compensation And/Or Correcting the Record: A Framework for the Regulation of (Defamatory) Speech
Media & Arts Law Review, Vol 16, (2011) 123-43
25 Pages Posted: 19 Jun 2015
Date Written: June 19, 2015
Defamation law may be seen as an anachronistic and complex means of regulating speech in modern society, in part because the goals of the law are not clear and in part because of the underlying conception of the legal subject is not cohesive. The article adopts the decentred regulation theory of Julia Black to proffer a framework that remedies these faults. An understanding of the behaviours of subjects as being underpinned by norms provides the basis for a binary approach to the regulation of speech – an approach that allows for the correcting of the record and for compensation for harm suffered as a result of speech that transgresses established norms.
Keywords: Defamation, speech, regulation, decentred regulation
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