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In reply to the discussion: Julian Assange bids to sue Julia Gillard for defamation over WikiLeaks comments [View all]struggle4progress
(118,285 posts)Sally Whyte | Oct 08, 2012 12:13PM
... Defamation expert Mark Pearson reckons its poor form by Assange. Pearson, author of Blogging and Tweeting Without Getting Sued, told Crikey: I think its particularly out of order for journalists and free expression advocates to use defamation as a means of chilling debate.
Pearson and other defamation experts say the case is unlikely to be heard though, because under Australian law a defamation suit must be brought within 12 months of the publication of the defamatory statement.
Assange told GetUp!s Rohan Wenn he thought he would be able to gain an extension on the 12-month period because of his house arrest in the UK and confinement to the Ecuadorian embassy in London. Cass Matthews, a media law expert at the University of Melbourne, says that will be difficult and will depend on Assanges circumstances within the year following the PMs statement.
Pearson agrees, saying the issue hasnt been tested in Australia before. The provision is designed for cases where it may take time to find the source of a rumour, which is not the case with Assange. The usual criteria is when the comments have only just been brought to the attention of the plaintiff, according to Pearson ...
http://www.crikey.com.au/2012/10/08/pm-has-little-to-fear-from-assanges-new-legal-threat/