Article Abstract
Vol 5 No 1 - March 2000

'Once Upon A ... Libel': defamation and fiction 25
Joshau Kay BA LLB (UNSW), Articled Clerk, Arnold Bloch Liebler, Melbourne

This article considers the way Australian defamation law deals with works of fiction, including 'faction' and symbolic fiction. Particular attention is paid to English and especially American cases and academic opinion, with a view to assessing the viability of the possibilities raised by these sources to the Australian scene. Particular analysis is made of the traditional identification test and its unsuitability to libel-in-fiction, as well as the defence of justification. Various proposals for reform are considered, including a sui generis libel-in-fiction test, an intention based test, an application of the defence of comment and the principles raised by the 'ridiculous light' cases. The article concludes in favour of a modification of the traditional identification test in order to deal more appropriately with the problems posed by libel-in-fiction.

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