Defamation, Race and Racism

Abstract

Defamation law seeks to balance the protection of reputation and freedom of speech. It is known to have an inhibiting effect on the exercise of free speech, which can affect all forms of writing, including academic critique. Reputation is a highly individual interest. Consequently, defamation law is not an effective means of dealing with aspersions on aspects of collective identity, such as race. Increasingly, however, allegations of racism are being litigated in defamation claims in Australia. Because an allegation of racism affects individual reputation, it is more amenable to protection by defamation law than racist attacks. This article examines Australian defamation law's treatment of race and racism, focusing in particular on liability and defences, with an emphasis on the impact of defamation law on academic writing.