CIVIL LAW (WRONGS) ACT 2002 - SECT 139AB Defence of scientific or academic peer review

CIVIL LAW (WRONGS) ACT 2002 - SECT 139AB

    (1)     It is a defence to the publication of defamatory matter if the defendant proves that—

        (a)     the matter was published in a scientific or academic journal (whether published in electronic form or otherwise); and

        (b)     the matter relates to a scientific or academic issue; and

        (c)     an independent review of the matter's scientific or academic merit was carried out before the matter was published in the journal by—

              (i)     the editor of the journal if the editor has expertise in the scientific or academic issue concerned; or

              (ii)     1 or more people with expertise in the scientific or academic issue concerned.

    (2)     If there is a defence to the publication of defamatory matter in a scientific or academic journal because of subsection (1), there is also a defence to the publication of any assessment of the matter in the same journal if the defendant proves that—

        (a)     the assessment was written by 1 or more of the people who carried out the independent review of the matter; and

        (b)     the assessment was written in the course of that review.

    (3)     It is a defence to the publication of defamatory matter if the defendant proves that the matter was contained in a fair summary of, or fair extract from, a matter or assessment for which there is a defence because of subsection (1) or (2).

    (4)     If a journal has more than 1 editor, a reference in this section to the editor of the journal is to be read as a reference to the editor or editors who were responsible for deciding to publish the matter concerned.

    (5)     A defence established under this section is defeated if, and only if, the plaintiff proves that the defamatory matter or assessment was not published honestly for the information of the public or the advancement of education.