NCJ Number
63875
Journal
CURRENT AFFAIRS BULLETIN Volume: 54 Issue: 9 Dated: (FEBRUARY 1978) Pages: 22-30
Date Published
1978
Length
9 pages
Annotation
LEGISLATIVE RECOMMENDATIONS REGARDING PRIVACY AND DEFAMATION MADE BY AUSTRALIA'S LAW REFORM COMMISSION ARE DISCUSSED.
Abstract
THE LAW REFORM COMMISSION DETERMINED THAT THE CONCEPTS OF PRIVACY AND DEFAMATION SHOULD BE DISTINGUISHED LEGALLY TO DEFINE DEFAMATION AS VIOLATION OF THE TRUTH OF PUBLISHED DAMAGING INFORMATION ABOUT AN INDIVIDUAL AND PRIVACY AS THE INVIOLATE CHARACTER OF CERTAIN PERSONAL INFORMATION PROTECTING IT FROM PUBLIC REVELATION, REGARDLESS OF THE VERACITY OF THE INFORMATION. A PRIMARY CONCERN OF THE COMMISSION IS THE LACK OF UNIFORMITY IN EXISTING LEGISLATION OF TERRITORIES AND STATES. THIS POSES A SIGNIFICANT PROBLEM WITH REGARD TO THE NATIONAL CIRCULATION OF MANY PUBLICATIONS. NATIONWIDE UNIFORMITY IN LEGISLATION IS DIFFICULT TO ACHIEVE, HOWEVER, BECAUSE OF THE CONSTITUTIONAL PROVISION FOR STATE AND TERRITORIAL LEGISLATIVE JURISDICTION IN THIS AREA. ULTIMATELY, LEGISLATIVE UNIFORMITY ON DEFAMATION MUST DEPEND UPON THE WILLINGNESS OF STATE AND TERRITORIES TO ADOPT THE SAME OR SIMILAR LEGISLATIVE MODELS. PRINCIPAL RECOMMENDATIONS OF THE COMMISSION ARE A REDUCTION OF THE CURRENTLY LENGTHY COURT PROCEDURES FOR DETERMINING WHETHER DEFAMATION HAS OCCURRED AND A LOWER LIMIT IN THE AMOUNT OF DAMAGES ALLOWED UNDER A DEFAMATION SUIT. FURTHERMORE, THE COMMISSION RECOMMENDS THAT THE FOLLOWING AREAS BE LEGISLATIVELY PROTECTED FROM PUBLIC REVELATIONS; (1) THE HOME, FAMILY, AND PERSONAL RELATIONSHIPS, AND (2) REMOTE CRIMINAL RECORDS. THE COMMISSION INTENDS TO DEVELOP IN DETAIL THE 'OFF-LIMITS' ASPECTS OF THESE PRIVACY CATEGORIES. (RCB)