Description
Book SynopsisThis unique and controversial book will appeal to judges, defamation law practitioners and scholars in various common law jurisdictions, media outlets, academics engaged in researching and teaching torts and media law, as well as those working within the disciplines of media or communications studies and psychology.
Trade ReviewThis refreshingly original work is an essential addition to the libraries of all defamation aficionados. Through empirical evidence, including interviews with judges and practitioners, and surveys of the general public, Dr Baker convincingly demonstrates the human propensity to overestimate the negative effect that defamatory imputations may have on other people (''the third person effect''). The conventional ''ordinary reasonable person'' test becomes in practice an ''ordinary unreasonable person'' test, regrettably lowering the defamation threshold and further curtailing freedom of communication.'
--- Michael Gillooly, The University of Western Australia
Table of ContentsContents: 1. Introduction Part I: Asking the Defamation Question 2. Formulating the Test for Defamation 3. Refining the Test 4. Applying the Test Part II: Answering the Defamation Question 5. The Lawyers’ Answers 6. The Public’s Answers 7. The Third-Person Effect 8. Accommodating the Third-Person Effect 9. Conclusion Bibliography Index
