The Good Wife episode 2 "The Death Zone" (season 3) aired last night on Australian TV.
If you need anymore straightforward a contrast between UK Libel laws and US equivalent laws you need not go past this line from the UK Council character, the evil Mr Thrush, who taunts "Do you know the key distinction between the libel laws in you country and mine? The burden of proof is reversed."
Australian Defamation law with some variations pretty much slavishly follows the UK model.
What will not quite be clear to those unaware of Australian/UK Defamation laws, though hinted at in this episode, is there is a further noxious element to this reversal of burden of proof. That though the initial burden may be met and truth demonstrated, one can still be found to have defamed the aggrieved complainant because a reasonable person may be caused (by the writings or statement) to think less of him, the aggrieved party.
So there is even more burden on the defence to establish, not only truth but as well demonstrate there is a pattern of behaviour which can then be shown contributes to a "Duty to Inform" and, as inThe Good Wife episode, that there can be a successful defence mounted of "Qualified Privilege".
Under the Australian/UK model who benefits?
