Reform ‘won’t fix defamation’
Australia's Attorneys General will soon announce a new defence for public interest journalism.The proposal has been criticised for duplicating the existing defence of qualified privilege.
The defence of qualified privilege has been watered down and blame for that lies with Australia's courts.
Additionally the State Attorney General in charge of formulating the reform, Mark Speakman SC, has shown a disturbing tendency to ignore existing protection afforded journalists first formulated by the Supreme Court Of NSW, Speakman's own state.As reported on a related blog:
As readers might have noticed, Speakman himself has demonstrated that his proposed defence for public interest journalism can be easily defeated by simply denying that the writer is a journalist.His officers at the Department Of Justice and he have in fact relied on a series of discredited Malaysian decisions handed down in favour of Malaysian businessman Vincent Tan, who was found by a Malaysian Royal Commission to have interred with the judiciary.
The problem is outlined in a submission made by this writer to the Defamation Law Reform Working Group.The solution is simply to reinforce the exisiting law established in the Carlovers and Bond v Barry decisions.
The problem is outlined in a submission made by this writer to the Defamation Law Reform Working Group.The solution is simply to reinforce the exisiting law established in the Carlovers and Bond v Barry decisions.
Codification is the only means by which any further dilution of existing defences can prevented. If not, Australians can expect Singapore and Malaysian style defamation laws to prevail in this country. This is but one example:
TO BE READ WITH
Tuesday, October 15, 2019
NSW AG Mark Speakman and his LPAB's defence of Malaysian businessman Vincent Tan remains unexplained despite Tan's colourful history of interfering with Malaysia's judicial system
by Ganesh Sahathevan
NSW Libs received donations of $44,275 from TOP Education Grosup
Earlier this year this writer explained how the AG NSW Mark Speakman and his officers at the LPAB, which is chaired by the Chief Justice Of NSW, Tom Bathurst, undermined the protection provided journalists, whistle blowers and sources by the Carlovers v Sahathevan ,Bond v Barry decisions.
The Carlovers' decision and the surrounding facts which were put before the NSW Supreme Court, which included this writer's highly publicised sacking from The Sun in Malaysia, included one of Malaysia's most colourful businessman, one Vincent Tan Chee Yiuon,who owned The Sun.
Tan has a history of judicial interference, which is even more widely publicised. In 1998 his interference with the judiciary led to the current Attorney General of Malaysia, Tommy Thomas being found in contempt of court.
in 2008 Tan's interference with the judiciary, via his lawyer VK Lingam, became the subject matter of a Royal Commission into judicial corruption.
All of the above and more are matters of public record, but ignored by Speakman who seems intent on drawing ever closer to Asian businessmen of Chinese origin.
END
NSW Libs received donations of $44,275 from TOP Education Grosup
Earlier this year this writer explained how the AG NSW Mark Speakman and his officers at the LPAB, which is chaired by the Chief Justice Of NSW, Tom Bathurst, undermined the protection provided journalists, whistle blowers and sources by the Carlovers v Sahathevan ,Bond v Barry decisions.
The Carlovers' decision and the surrounding facts which were put before the NSW Supreme Court, which included this writer's highly publicised sacking from The Sun in Malaysia, included one of Malaysia's most colourful businessman, one Vincent Tan Chee Yiuon,who owned The Sun.
Tan has a history of judicial interference, which is even more widely publicised. In 1998 his interference with the judiciary led to the current Attorney General of Malaysia, Tommy Thomas being found in contempt of court.
in 2008 Tan's interference with the judiciary, via his lawyer VK Lingam, became the subject matter of a Royal Commission into judicial corruption.
All of the above and more are matters of public record, but ignored by Speakman who seems intent on drawing ever closer to Asian businessmen of Chinese origin.
END
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