Mapping Digital Media: Online Media and Defamation

The internet is fantastically enabling for the news media, creating previously unimagined possibilities in terms of distribution, audience interaction, and archiving. But it also presents new threats, such as in the area of defamation law, already a significant problem for many media outlets.

This paper assesses these problems against international guarantees of freedom of expression and comparative national practice, through both law and self-regulation, highlighting solutions that are more protective of free expression, as well as those that are not. It also probes new ideas such as greater reliance on the right of reply—which the internet enables—and the notion that some spaces on the Internet should be protected against any defamation liability.