The third man and the Australasian defamation defences

Research output: ThesisDoctoral Thesis

6 Downloads (Pure)

Abstract

[Truncated] 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. It is the publishee who is "the third man" referred to in the title of this thesis. (This appellation was inspired by Carol Reed's 1949 film of the same name, a stylish thriller set in post-war Vienna which starred Joseph Cotton, Alida Valli, Trevor Howard and Orson Welles.) The major premise underlying this thesis is that the legitimate interests of the recipients of defamatory matter must be adequately taken into account if one is to arrive at a rational and coherent regime of defamation defences for the twenty first century. An approach that focused solely on the interests of potential plaintiffs and defendants in determining whether a particular publication could be justified or excused would be fundamentally flawed. In chapters one and two, the arguments in support of this "third man principle" are set out.
Original languageEnglish
QualificationDoctor of Philosophy
Awarding Institution
  • The University of Western Australia
DOIs
Publication statusUnpublished - 2002

Fingerprint

Defamation
Recipient
Causes
Person
Orson Welles
Appellation
Stylish

Bibliographical note

This thesis has been made available in the UWA Profiles and Research Repository as part of a UWA Library project to digitise and make available theses completed before 2003. If you are the author of this thesis and would like it removed from the UWA Profiles and Research Repository, please contact digitaltheses-lib@uwa.edu.au

Cite this

@phdthesis{e5583282a63e45e79092cd969a4284fb,
title = "The third man and the Australasian defamation defences",
abstract = "[Truncated] 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. It is the publishee who is {"}the third man{"} referred to in the title of this thesis. (This appellation was inspired by Carol Reed's 1949 film of the same name, a stylish thriller set in post-war Vienna which starred Joseph Cotton, Alida Valli, Trevor Howard and Orson Welles.) The major premise underlying this thesis is that the legitimate interests of the recipients of defamatory matter must be adequately taken into account if one is to arrive at a rational and coherent regime of defamation defences for the twenty first century. An approach that focused solely on the interests of potential plaintiffs and defendants in determining whether a particular publication could be justified or excused would be fundamentally flawed. In chapters one and two, the arguments in support of this {"}third man principle{"} are set out.",
author = "Michael Gillooly",
note = "This thesis has been made available in the UWA Profiles and Research Repository as part of a UWA Library project to digitise and make available theses completed before 2003. If you are the author of this thesis and would like it removed from the UWA Profiles and Research Repository, please contact digitaltheses-lib@uwa.edu.au",
year = "2002",
doi = "10.26182/5d4d2a0262f07",
language = "English",
school = "The University of Western Australia",

}

Gillooly, M 2002, 'The third man and the Australasian defamation defences', Doctor of Philosophy, The University of Western Australia. https://doi.org/10.26182/5d4d2a0262f07

The third man and the Australasian defamation defences. / Gillooly, Michael.

2002.

Research output: ThesisDoctoral Thesis

TY - THES

T1 - The third man and the Australasian defamation defences

AU - Gillooly, Michael

N1 - This thesis has been made available in the UWA Profiles and Research Repository as part of a UWA Library project to digitise and make available theses completed before 2003. If you are the author of this thesis and would like it removed from the UWA Profiles and Research Repository, please contact digitaltheses-lib@uwa.edu.au

PY - 2002

Y1 - 2002

N2 - [Truncated] 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. It is the publishee who is "the third man" referred to in the title of this thesis. (This appellation was inspired by Carol Reed's 1949 film of the same name, a stylish thriller set in post-war Vienna which starred Joseph Cotton, Alida Valli, Trevor Howard and Orson Welles.) The major premise underlying this thesis is that the legitimate interests of the recipients of defamatory matter must be adequately taken into account if one is to arrive at a rational and coherent regime of defamation defences for the twenty first century. An approach that focused solely on the interests of potential plaintiffs and defendants in determining whether a particular publication could be justified or excused would be fundamentally flawed. In chapters one and two, the arguments in support of this "third man principle" are set out.

AB - [Truncated] 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. It is the publishee who is "the third man" referred to in the title of this thesis. (This appellation was inspired by Carol Reed's 1949 film of the same name, a stylish thriller set in post-war Vienna which starred Joseph Cotton, Alida Valli, Trevor Howard and Orson Welles.) The major premise underlying this thesis is that the legitimate interests of the recipients of defamatory matter must be adequately taken into account if one is to arrive at a rational and coherent regime of defamation defences for the twenty first century. An approach that focused solely on the interests of potential plaintiffs and defendants in determining whether a particular publication could be justified or excused would be fundamentally flawed. In chapters one and two, the arguments in support of this "third man principle" are set out.

U2 - 10.26182/5d4d2a0262f07

DO - 10.26182/5d4d2a0262f07

M3 - Doctoral Thesis

ER -