ABSTRACT
Issues of race and racism are highly topical in Australian public life. Like many contested matters of public debate in Australia, issues of race and racism are increasingly being litigated in defamation cases. This article analyses Australian defamation cases involving imputations of race and racism. It argues that Australian defamation law is more protective of reputations against allegations of racism than it is against aspersions based on race. This is because allegations of racism are directed towards the plaintiff’s individual reputation, whereas aspersions based on race are directed towards collective aspects of the plaintiff’s reputation. The tort of defamation is constituted around the individual’s reputation and is not effective at protecting collective aspects of identity, even though such aspects may be important to many people. This article also considers the impact of defamation law on public discussion of race and racism in Australia.
Rolph, David, Defamation, Race and Racism (June 12, 2019). Australian Feminist Law Journal, volume 45, no 2, pp 351-71, 2019.
First posted 2021-06-22 12:00:07
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