Polo Ponies and Old Masters: Artistic Critique, Defamation and the Media World of 1920's Melbourne

The law of defamation has long provided protection to artistic and literary critics expressing their opinions on works of literature and art. Historically, it was the fair comment defence that performed this function. This paper explores the application of the defence in the context of a remarkable 1920s case in Victoria: Falcke v The Herald & Weekly Times Ltd. Legally, the case involved assessments of the motives of both the art critic for the Herald and of its managing editor, the up-and-coming newspaper tycoon Keith Murdoch, in the context of the ambiguous meaning of ‘fair’ in the fair comment defence. More broadly, the case is a fascinating exploration of cultural cringe in the interwar period, with the caricatured Englishman Falcke up against the independent Australian Britons of the Victorian art establishment in a trial before a civil jury. From this perspective the case is yet another reminder of the value of legal history to the study of Australian history more generally.
This seminar is presented in association with the Selden Society for Legal History.