Lange v ABC: the High Court rethinks the "constitutionalisation" of defamation law
AbstractThis article deals with the changes to defamation law in Australia, in light of the recent High Court decision in Lange v Australian Broadcasting Corporation. The author argues that the Lange case has effectively collapsed the constitutional defamation defence established in Theophanous v Herald & Weekly Times Ltd and Stephens v West Australian Newspapers Ltd. Included in the article is a discussion of the 1992 free speech cases of Nationwide News Pty Ltd v Wills and Australian Capital Television Pty Ltd v Commonwealth, and the 1994 free speech cases of Theophanous v Herald & Weekly Times Ltd and Stephens v West Australian Newspapers Ltd. The author examines the new, expanded duty-interest form of qualified privilege which was established by the High Court in Lange in order to make the common law of defamation conform with the freedom of communication required by the Constitution. |