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Defamation and Freedom of Speech$
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Dario Milo

Print publication date: 2008

Print ISBN-13: 9780199204922

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199204922.001.0001

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Alternative Remedies

Alternative Remedies

Chapter:
(p.256) VIII Alternative Remedies
Source:
Defamation and Freedom of Speech
Author(s):

Dario Milo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199204922.003.0008

This chapter considers alternative remedies in defamation cases with emphasis on remedies that courts should consider in holding the balance between freedom of expression and reputation. The chapter proceeds as follows. Part B considers the remedies that are available in England, South Africa and the United States. Part C makes the case for the inadequacies of damages and for defamation law remedies to reflect the issue of falsity. Part D discusses the remedies of injunctions, rights of reply, apologies, corrections and retractions, and declarations of falsity. Part E concludes the analysis.

Keywords:   defamation, freedom of expression, reputation, England, South Africa, United States, defamation law

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