Tuesday, January 22, 2008

differences between libel laws

‘In the US, a plaintiff like Tom Cruise (a public figure) would need to prove that the defamatory statement was published with actual malice, which is defined as "knowledge that the statement was false or reckless". Thus the onus is on the plaintiff. This is often a difficult hurdle for a plaintiff.

‘In contrast, in Australia the onus is on the publisher to prove that the material published is true or that another defence is available to it. This is a far greater hurdle to jump than that faced by the plaintiff in the US.'

from the WBN

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