Transporting and Transforming Sullivan: Examples From Common Law Jurisdictions

• In Event: The Global Impact of New York Times v. Sullivan: The Landmark U.S. Supreme Court Case 50 Years Later

Abstract

New York Times v Sullivan remains a classic reference in many common law countries. Among other places, the law in Australia, Canada, Malaysia, New Zealand and the UK has evolved under its influence. Within the last 20 years, the defamation law in all those jurisdictions has undergone a "first-generation" response to Sullivan. But this has not meant the end of Sullivan’s influence. This paper outlines key first-generation reforms, and ways in which they drew from and distinguished the US approach. It then considers how Sullivan remains as a potent example, with its recognition of free public debate having ongoing significance for measuring the performance of defamation law. In some jurisdictions, second-generation reforms have begun. The UK and its Defamation Act 2013 offers an example. Changes there, aimed at better protecting public debate, illustrate the continuing importance of Sullivan.

Author

• Andrew Kenyon, U of Melbourne