Defamation laws exist to strike a balance between press freedom and the protection of people's reputations from wrongful harm. In Australia, this balance has always been loaded against press freedom.

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This is due partly to the way the defamation laws have been framed and partly by the way the courts have interpreted them.

Courts examine matters of journalism in the same way they examine matters of law: forensically, with strict rules and high standards of evidence and proof.

While we rightly expect ethical and honest reporting from our media, even the best can prove insufficient under the piercing gaze of defamation law. And in a time when media companies are more cash-strapped than ever, this has a chilling effect on the stories that get told and press freedom more broadly.

Until 2006, each Australian jurisdiction had its own defamation laws. This created a nightmare of complexity for publishers, especially of newspapers and broadcasts that crossed state boundaries, which meant all the main media organisations.

They had to take into account the risks posed by litigation in the jurisdiction least favourable to press freedom.

For many decades, that was New South Wales. It was one of the states where truth alone was not a sufficient defence; there also had to be a public interest in the material. In some other jurisdictions this was called public benefit.

This was a major burden on press freedom and it was removed by the introduction of uniform defamation laws in 2006.

Since then, it has been enough for publishers to prove the substantial truth of the meanings conveyed in an article in order for the defence of truth to succeed.

It may sound straightforward, but proving substantial truth requires producing admissible evidence strong enough to satisfy the civil standard of proof: on the balance of probabilities. That usually means having documents and witnesses who are willing to be identified.

If, as is........

© Canberra Times