Defamation and the Moral Community

Abstract

<p>This paper presents the key findings of a major empirical investigation into defamation law and social attitudes. It examines the way in which the law decides whether a publication is defamatory, and the consequences for that<br />process of a phenomenon known as the third-person effect: the tendency for individuals to perceive the adverse impact of a communication as greater on others than on themselves. It argues that, as a result of this tendency, defamation law unnecessarily and unfairly silences speech on the basis of<br />protection to reputation, even though little or no reputational harm would actually occur. What is more, defamation law perpetuates regressive attitudes and could do more to promote a just and inclusive society.</p>