The Third Man: Reform of the Australasian Defamation Defences plots an entirely new course for defamation law reform and in doing so provides a detailed analysis of the current Australasian defences.

Its starting point is the recognition that 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 (the "Third Man" of the title, which was inspired by Carol Reed’s 1949 film masterpiece of the same name). The central thesis of the book is that many of the intractable problems apparent in the current defensive regime disappear if the focus is changed to take account of the legitimate interests of the recipients of defamatory publications.

The first two chapters set out powerful arguments for the acceptance of this third man principle. The following six contain a searching evaluation of the current Australasian defences by reference to this principle. Each treatment of an existing area of defence concludes by proposing draft model provisions designed to satisfy the third man principle. The threads of these individual proposals are woven together into a single, cohesive fabric – model Part Z – in the final chapter and accompanying appendix.

Table of Contents

CHAPTER 1: General introduction
CHAPTER 2: The third man principle
CHAPTER 3: Truth and related defences
CHAPTER 4: Fair comment and honest opinion
CHAPTER 5: Absolute privilege or protection
CHAPTER 6: Qualified privilege or protection
CHAPTER 7: Defences for republishers – fair and accurate reports and official documents
CHAPTER 8: Miscellaneous defences
CHAPTER 9: Conclusion

APPENDIX A: Model Part Z – Code of Defamation Defences
Table of Cases
Table of Statutes
Abbreviations
Index

"Do you practice in the area of defamation law? Do you have an interest in the present or future state of the law of defamation? If the answer to any of these questions is in the affirmative, you will find this book offers a world of thought...

Traditionally we think of defamation in terms of the person defamed and the person who did the defaming. We only think of the audience, that is, the people to whom the comments were made, in terms of the question of damages. Dr. Gillooly has turned thinking concerning defamation onto its head and invited us to consider the law from the perspective of what he calls, "the Third Man," i.e. the person to whom the comments were made.

The more I thought about it, as I read the book, the more his comments made sense to me. We often consider, for example, the law of qualified privilege or as it is known in Tasmania, qualified protection, only in terms of the person whose reputation has been sullied by comments made under such protection. Dr. Gillooly makes a very strong case for a different, and dare I say, better, understanding of these concepts, by looking at them from the perspective of the third man, the person with an interest in hearing them.... This is a thought provoking book which all who practice in defamation law will benefit from reading. It might even increase your level of understanding and provide you with opportunities for both prosecuting and defending actions. I am sure that it will clarify one's understanding, in particular of what underlies the defences to a claim for defamation and of need to obtain a balance between the perceived right of people to be informed, but at the same time, the right of public figures and others, to not have their reputations damaged unnecessarily."
-- BJM, Tasmanian Law Society Newsletter, September 2004