From: Alan and Carmel Brain <aebrain@w...>
Date: Fri, 17 Mar 2000 05:59:13 GMT
Subject: Re: Libel
> In US law, at least, it is only libelous if it isn't true. > In Canada and Britain (and malice doesn't come into it (except to agravate damage, and in the case of criminal libel) The only defences against Libel in Oz are: a) You didn't write/publish it. b) It wasn't damaging c) That it is both true and in the public interest that such a thing be publicised. In a recent trial, a professional food columnist who wrote that he didn't like the food at a particular restaurant was forced to pay damages, as was his paper. Personally, I think this was outrageous, and not even in accordance with our rather peculiar libel laws. IMHO "Public Interest" would be served by an acknowledged food critic whose tastes matched my own telling me which Restaurants served food that, while good, would not be to my taste. To write (truly) that a Child Molester lives at No X, Y St is probably libellous here. To say that Mr Z who works at a Kindergarten is a Child Molester is, if true, probably not. To say that any particular Politician here is a lying b*stard who couldn't find