Someone living a Floating Life in Surrey Hills asks:
Would my habit of from time to time referring to the Prime Minister as “The Great Grey Garden Gnome of Kirribilli House” be defamatory, or would I escape because a reasonable person would not thereby think any less of the Prime Minister than they did before?
Daniel celebrates an $11.3 US million defo win in the US, hoping it will lead to a clean up of the those inhabitants of the blogosphere
...who are so lacking in integrity, creativeness, and ideas for posts that they use their blogs quite often to attack and ridicule other blog publishers with whom they may disagree or who may do things differently to them...
On the last thread Legal Eagle asks if I've read ABC v O'Neill. In that case a convicted child killer is suing the ABC over a doco called The Fisherman. He got an injunction- a holding order preventing broadcast of the doco until the case gets to trial- but last month the High Court scrapped it, talking about free speech as they did so.
Back in law school they told us many of the best improvements to the common law came about when a little old lady or similar, heart-tugging party, came before the courts. Perhaps a convicted child killer who's trying to sue for defo comes into the same category?
The Chief Justice and the newest member of the High Court said (of the lower courts):
They failed to take proper account of the significance of the value of free speech in considering the question of prior restraint of publication,
...good, free speech gets an affirming guernsey...
and they failed to take proper account of the possibility that, if publication occurred and was found to involve actionable defamation, only nominal damages might be awarded.
In other words, how do you damage the reputation of a convicted child killer?