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Australia
Leading Case
uncategorized
Theophanous v Herald & Weekly Times Ltd
[1994] HCA 46; (1994) 182 CLR 104
Key Principle
The implied constitutional freedom of political communication provides a defence to a defamation action in respect of the discussion of political and government matters, including the conduct and fitness for office of members of Parliament, where the publisher was unaware of falsity, did not act recklessly, and publication was reasonable.
Area of Law
c
Related Cases
Miller v The Queen [2016] HCA 30; (2016) 259 CLR 380 (Miller v The Queen; Smith v The Queen; Presley v DPP (SA))