Political Libel in the First World War: Australians Fighting at Home

Abstract

Like all the participant countries, Australian self-confidence was severely dented by the experience of the First World War. In particular, the conscription referenda of 1916 and 1917 exposed seismic political and sectarian divisions in Australian society and forced a major realignment of political forces at both state and federal level. This paper considers how political and public figures in the debate resorted to the law of defamation to mediate the differences between the parties. Apart from demonstrating the depth of feeling around the issue, these cases required the courts to answer difficult legal questions arising from the disputes and in doing so set the rules for balancing the interests of free speech and reputation in the charged atmosphere of wartime disputes.