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Compensation and/or correcting the record: A framework for the regulation of (defamatory) speech

Dent, C. (2015) Compensation and/or correcting the record: A framework for the regulation of (defamatory) speech. Media and Arts Law Review, 16 . pp. 123-143.

Free to read: http://dx.doi.org/10.2139/ssrn.2620547
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Abstract

Defamation law may be seen as an anachronistic and complex means of regulating speech in modern society, in part because the goals of the law are not clear and in part because of the underlying conception of the legal subject is not cohesive. The article adopts the decentred regulation theory of Julia Black to proffer a framework that remedies these faults. An understanding of the behaviours of subjects as being underpinned by norms provides the basis for a binary approach to the regulation of speech – an approach that allows for the correcting of the record and for compensation for harm suffered as a result of speech that transgresses established norms.

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: University of Melbourne. Law School
Publishers Website: http://law.unimelb.edu.au/centres/cmcl/research/pu...
URI: http://researchrepository.murdoch.edu.au/id/eprint/36583
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