Gagging the writer: The implicit censorship of non-fiction trade book publishing in Australia

Abstract

Australian readers have a thirst for non-fiction books. A growing preference for autobiographies and biographies, true stories and criticism, investigative journalism and narrative journalism (Thompson, 2017, p. 204) showcases a trend towards “real” content that piques readers’ curiosity and offers deeper insight into the lives of public persons, and sometimes a perspective that might otherwise be considered private. But writing the tell-all or exposé is not without consequences, particularly with Australia’s defamation laws notorious for casting a “chilling effect” on freedom of speech (Dent and Kenyon, 2004, p. 3; Amponsah, 2005, p. 1) by regarding reputation above publications with a public interest element. This paper explores non-fiction trade book publishing alongside a contemporary construction of reputation and argues that in Australia “reputational interests” (Partlett, 2016, p. 67) in defamation law have created a practice of implicit censorship through legalling manuscripts, avoiding publication entirely, or even intercepting book distribution. In comparing the Australian legal framework with recent UK developments, this paper also asks if law reform can correct the balance between reputation and freedom of speech, thereby allowing authors more autonomy and allowing literary culture to thrive in the contemporary Australian publishing landscape.