Defamation Law in Greater China: Principles, Politics, and Prospects

Abstract Defamation, as a private law and sometimes criminal action that regulates public discourse, is both important and contentious. The configuration of defamation law can reveal much about the values a jurisdiction places on individual, social, and political interests. Deeper insights can be gleaned via comparison of defamation laws in diverse neighbouring jurisdictions. However, revelations are often obscured by the defamation law’s technical complexity, which is only compounded across multiple legal systems. Those are the justifications both for this research, the first comparative study of the defamation laws of Greater China—mainland China, Hong Kong, Macau, and Taiwan—and for the approach it takes, comparing rules addressing particular aspects of the action (and its defences) and seeking to glean their underlying principles (express or otherwise). The research identifies areas of convergence and divergence amongst the defamation and associated laws of the region, canvasses possible influences on the shape of those laws, and considers the extent to which the law of each place has been and may be subject to politicization. The research finds substantial convergence within the region, including in the fundamentals of defamation actions and certain defences, along with considerable divergence, reflecting the distinct history, character, and needs of each jurisdiction. The research also identifies some subtle, perhaps unforeseen similarities and scope for the jurisdictions to positively influence each other’s future development. However, neither the full harmonization of Greater China’s defamation laws nor their accession to the most liberal international standards are in prospect.