Linda Reynolds’ lawsuit against Brittany Higgins continues, and Peter Dutton is reportedly considering action against Zali Steggall – but what is the impact of these cases?
WA Liberal senator Linda Reynolds is pursuing a defamation case against former staffer Brittany Higgins over a series of social media posts; opposition leader Peter Dutton is reportedly considering legal action over independent MP Zali Steggall’s characterisation of his policy.
While Australia’s situation is less problematic, our defamation laws historically favour reputation over freedom of speech. Although the high court reached its conclusion via textual interpretation of the constitution rather than deeper philosophical musings, the court’s position reflects modern preoccupations with how speech should be regulated in a democracy.Recent reforms to defamation law have tried to eliminate frivolous lawsuits by introducing a threshold requirement of serious harm to reputation.
It’s reasonable that politicians should also have rights of action in defamation. But those rights must be constrained according to what is appropriate in a democratic society.
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