The Third Man
Reform of the Australasian Defamation Defences
By: Michael Gillooly
The Third Man - Reform of the Australasian Defamation Defences plots an entirely new course for defamation law reform and in doing so provides a detailed analysis of the current Australasian defences.Its starting point is the recognition that a cause of action in defamation presupposes the existence of at least three people: a plaintiff; a defendant; and a person to whom the defamatory material is published (the "Third Man" of the title, which was inspired by Carol Reed's 1949 film masterpiece of the same name).The central thesis of the book is that many of the intractable problems apparent in the current defensive regime disappear if the focus is changed to take account of the legitimate interests of the recipients of defamatory publications.The first two chapters set out powerful arguments for the acceptance of this third man principle. The following six contain a searching evaluation of the current Australasian defences by reference to this principle.Each treatment of an existing area of defence concludes by proposing draft model provisions designed to satisfy the third man principle. The threads of these individual proposals are woven together into a single, cohesive fabric - model Part Z - in the final chapter and accompanying appendix.The authoritative Law of Defamation (The Federation Press, 1998 - now out of print) established Michael Gillooly as a leading scholar in the field of defamation law. Many will find The Third Man compelling, both in its analysis of defences in the current law and his argument for reform.
AI Overview
Overview of "The Third Man" by Michael Gillooly
Title: The Third Man: Reform of the Australasian Defamation Defences Author: Michael Gillooly Publisher: The Federation Press Year of Publication: 2004
Key Themes:
- Defamation Law Reform: The book focuses on the need for reform in the defamation laws of Australia and New Zealand. It examines the existing defenses and their limitations in protecting individuals from defamation.
- Defamation Defenses: Gillooly delves into the concept of "the third man," a hypothetical referee used to determine the legitimacy of interests in defamation cases. This concept is central to his analysis of how defamation defenses should be reformed.
- Pluralistic Society: The book explores the challenges of applying uniform moral and social standards in a pluralistic society, particularly in relation to changing attitudes towards issues like homosexuality and adultery.
- Audience Interests: It critiques the idea of a monolithic audience, arguing that different audiences have diverse interests, which are often obscured by the concept of the "third man."
Plot Summary:
The book does not have a narrative plot but rather a scholarly analysis of defamation laws and their need for reform. It provides an in-depth examination of the existing defamation defenses and critiques the concept of the "third man," arguing that it fails to accurately represent the diverse interests of different audiences.
Critical Reception:
- Academic Analysis: The book is described as the first book-length academic analysis of its subject, indicating its significance in the field of defamation law.
- Critique of the Concept: The critical reception highlights several issues with Gillooly’s concept of the "third man," including its failure to account for the diversity of audience interests and its potential to obscure actual audience interests.
- Relevance to Society: The book's focus on the challenges of applying uniform moral and social standards in a pluralistic society is particularly relevant given the changing attitudes towards various social issues over the past few decades.
Conclusion:
"The Third Man: Reform of the Australasian Defamation Defences" by Michael Gillooly is a scholarly work that critically examines the defamation laws in Australia and New Zealand. It provides a comprehensive analysis of the need for reform, particularly focusing on the concept of the "third man" and its limitations in representing diverse audience interests. The book's critical reception highlights its significance in the academic community and its relevance to contemporary societal issues.