Hi Christopher and list
Speaking first as a professional communication specialist with over
twenty years experience operating under Aust law, truth most certainly
is no defence for libel and even the legal defence of fair comment can
be difficult to prove. Generally the best way out is to cop it and close
down shop if you are a small to medium size operator. The large media
corporations have a legal budget especially to cover libel. Also, you
don't have to mention someone by name, even! It is good enough that they
feel they can be identified as the one being libelled and this applies
to prose fiction and poetry!!!!!
The horrifying thing is this most undemocratic law which is a form of
censorship now applies to the internet, worldwide and is simply
imperialist. The only way out is to prevent anything produced on an
overseas website from ever reaching Australia. Also, under Aust
publishing law, this list is considered publication. I think this law
really stinks and I am really opposed to it but I do not think it is
effective simply to break libel laws as they exist in Aust as this would
act instead to strengthen that most (sorry can't think of a word strong
enough to express my dislike) law. Also, it should be noted that US
copyright law also applies to this list and that is a little stronger
then Aust copyright law..... (so I also have to comply with that, as
well, as a professional writer.)
Needless to say, aside from having to know communication law very well,
I also need quick access to a lawyer when I work as an editor.... that
is a simple professional reality. This is of course a striation of the
internet and means that this list is not as free as one would both very
much like it to be and would hope it to be.... The imperialist
Australian government, the constitution of Australia and Australian law
needs to be overthrown by the people to create democracy in this
country. Australia still needs a democratic revolution, that has yet to
happen.
Best wishes
Chris Jones.
(Ps... to challenge the law I have actually warned government that I
will sue them for libel if they don't watch what they say about me,
after being threatened with being bad mouthed by them and have also been
involved in supporting people in a criminal libel case, which is a
different law again.)
pss... oh, and tort law is as good as a joke here!
Christopher Walker wrote:
><snip>
>under Australian libel law, truth is not a defence
><snip>
>
>Alison:
>
>I know nothing of Australian libel law but that seems hard to believe.
>
>Do you mean, perhaps, that in Australia there is *strict liability*
(as with
>some UK torts), with the burden of proof on the defendant? How otherwise
>could you describe a convicted car thief as 'a criminal'?
>
>CW
>
>
>
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