The tort of defamation, traditionally, attempts to balance society’s interest of free speech and the individual’s right to his reputation. The way in which this balance is struck varies from jurisdiction to jurisdiction (while some are more pro-plaintiff, others are more pro-defendant). However, the way this balance is struck in any jurisdiction determines how open a country is to free speech and dissemination of information.
That traditional function of the law of defamation is now under threat with the proliferation of information over the Internet and especially so due to its multi-jurisdictional nature. One big fear is that defamation laws can no longer effectively protect the reputation of the individual. Against this is the fear that the application of traditional defamation principles on the on-line environment is likely to fetter the effectiveness of the Internet as a channel of global communication and electronic commerce.
