Defamation Laws by Country
Defamation laws vary across different countries, reflecting cultural, legal, and historical differences. This wiki page provides an overview of defamation laws in various countries, highlighting key principles, legal frameworks, notable cases, and variations in the application of defamation law.
Defamation Laws in Selected Countries
United States
Defamation laws in the United States are shaped by the First Amendment to the United States Constitution, which protects freedom of speech. To successfully bring a defamation claim in the U.S., the claimant generally needs to prove that the statement was false, defamatory, communicated to a third party, and caused harm. Public figures have a higher burden of proof and must show that the statement was made with "actual malice." Key U.S. defamation cases include New York Times Co. v. Sullivan (1964) and Milkovich v. Lorain Journal Co. (1990).
United Kingdom
In the United Kingdom, defamation law is primarily governed by common law principles and the Defamation Act 2013. Defamation claims can be brought for both libel (written or permanent form) and slander (spoken or temporary form). The claimant must prove that the statement is defamatory, identifies them, has been published to a third party, and has caused or is likely to cause serious harm. Notable UK defamation cases include Reynolds v. Times Newspapers Ltd (2001) and Lachaux v. Independent Print Ltd (2019).
Australia
Australia has a combination of common law and statutory provisions that govern defamation. Each state and territory has its own defamation legislation, but they generally require the claimant to prove that the statement is defamatory, refers to them, has been published, and has caused or is likely to cause harm to reputation. The defences available include truth, honest opinion, and qualified privilege. Key Australian defamation cases include Lange v. Australian Broadcasting Corporation (1997) and Dow Jones & Co Inc v. Gutnick (2002).
Canada
Defamation laws in Canada are governed by both common law and statutory provisions, which vary among provinces and territories. The claimant must prove that the statement is defamatory, refers to them, has been published, and has caused or is likely to cause harm. The defences available include truth, fair comment, and responsible communication on matters of public interest. Notable Canadian defamation cases include Hill v. Church of Scientology of Toronto (1995) and Grant v. Torstar Corp (2009).
Germany
Germany's defamation laws are governed by the Civil Code and the Criminal Code. Defamation claims can be brought for both written and spoken statements. The claimant must show that the statement is untrue, defamatory, and has been communicated to a third party. Germany also recognizes criminal defamation, which can result in fines or imprisonment. Notable German defamation cases include Max Goldt v. Springer Verlag (1990) and Christian Wulff v. Die Welt (2012).
Variations and International Standards
Defamation laws can significantly vary from country to country, including variations in elements of a claim, defences, and damages awarded. International standards, such as those set by the European Convention on Human Rights (ECHR) and the United Nations Universal Declaration of Human Rights, provide guidelines for balancing freedom of expression with the protection of reputation.
