In this short article, Michael looked at how Aussie politicians are often engaged in defamation litigation. Since it was published there have been lots more cases that could have been considered here, like Palmer v McGowan and Deeming v Pesutto.

Abstract

In recent years, politicians have been frequent participants in Australian
defamation litigation. Attorney-General Christian Porter’s recent claim against
the ABC and journalist Louise Milligan is a notable example of the weaponisation of defamation in Australian politics.

This brief article reviews prominent examples of where politicians have
commenced or threatened defamation proceedings. The focus is on cases in which
politicians are plaintiffs, although some cases mentioned below also involve
politician defendants. The article considers whether the trend of politicians
litigating defamation is desirable, and how it will be affected by the amendment of
the Uniform Defamation Acts once the Model Defamation Amendment
Provisions 2020 are implemented. It begins by considering the value of
politicians’ reputations, which defamation law may protect.

Read more: Michael Douglas, ‘Defamation Actions and Australian Politics’ [2021] 5 University of New South Wales Law Journal Forum 1