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Defamation and Freedom of Speech (Hardcover)

Author: Milo, Dario

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Product Overview

The law of defamation contemplates the clash of two fundamental rights; the right to freedom of expression, including freedom of the media, and the right to reputation. The rules of defamation law are designed to mediate between these two rights. Defamation and Freedom of Speech argues that
fundamental rules and procedures of defamation law need to be reformed to take into account the dual importance of public interest speech, on the one hand, and the right to human dignity on the other. In particular, the presumptions that defamatory allegations are false and have caused damage, the
principle of strict liability, and the availability of punitive damages, cannot survive constitutional scrutiny. The remedies available in defamation cases should be reformed to reflect the importance of dignity to the claimant, and the free speech interest of the public in receiving accurate
information on matters of public interest. Finally, a number of procedural and structural obstacles to claimants and defendants, such as the absence of legal aid, need to be revisited in order for the rights to free speech and reputation to be meaningfully celebrated through the law of


Publisher Oxford University Press, USA
Mfg Part# 9780199204922
SKU 204512548
Format Hardcover
ISBN10 0199204926
Release Date 6/11/2013
Product Attributes
Book Format Hardcover
Number of Pages 0270
Publisher Oxford University Press, USA
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