Theproblem with Australian defamation laws, says leading barrister Matthew Collins QC, is that there has been no "key moment" that has backed freedom of speech.
In the United States, it was the 1964 decision in New York Times v Sullivan at the height of the civil rights debate. The Supreme Court declared that a public figure had to prove the publisher acted with malice in the false reporting of a story.
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Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson. Email Michael at michael.pelly@afr.com
