DEFAMATION ACT 2005 - As at 22 November 2023 - Act 77 of 2005
- As at 22 November 2023
- Act 77 of 2005
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 4 Definitions
- 5 Act to bind Crown
PART 2 - GENERAL PRINCIPLES
Division 1 - Defamation and the general law
- 6 Tort of defamation
- 7 Distinction between slander and libel abolished
Division 2 - Causes of action for defamation
- 8 Single cause of action for multiple defamatory imputations in same matter
- 9 Certain corporations do not have cause of action for defamation
- 10 No cause of action for defamation of, or against, deceased persons
- 10A Serious harm element of cause of action for defamation
Division 3 - Choice of law
- 11 Choice of law for defamation proceedings
PART 3 - RESOLUTION OF CIVIL DISPUTES WITHOUT LITIGATION
Division 1 - Concerns notices and offers to make amends
- 12 Application of Division
- 12A Concerns notices
- 12B Defamation proceedings cannot be commenced without concerns notice
- 13 Publisher may make offer to make amends
- 14 When offer to make amends may be made
- 15 Content of offer to make amends
- 16 Withdrawal of offer to make amends
- 17 Effect of acceptance of offer to make amends
- 18 Effect of failure to accept reasonable offer to make amends
- 19 Inadmissibility of evidence of certain statements and admissions
Division 2 - Apologies
- 20 Effect of apology on liability for defamation
PART 4 - LITIGATION OF CIVIL DISPUTES
Division 1 - General
- 21 Election for defamation proceedings to be tried by jury
- 22 Roles of judicial officers and juries in defamation proceedings
- 23 Leave required for multiple proceedings in relation to publication of same defamatory matter
Division 2 - Defences
- 24 Scope of defences under general law and other law not limited
- 25 Defence of justification
- 26 Defence of contextual truth
- 27 Defence of absolute privilege
- 28 Defence for publication of public documents
- 29 Defences of fair report of proceedings of public concern
- 29A Defence of publication of matter concerning issue of public interest
- 30 Defence of qualified privilege for provision of certain information
- 30A Defence of scientific or academic peer review
- 31 Defences of honest opinion
- 32 Defence of innocent dissemination
33. (Repealed)
Division 3 - Remedies
- 34 Damages to bear rational relationship to harm
- 35 Damages for non-economic loss limited
- 36 State of mind of defendant generally not relevant to awarding damages
- 37 Exemplary or punitive damages cannot be awarded
- 38 Factors in mitigation of damages
- 39 Damages for multiple causes of action may be assessed as single sum
Division 4 - Costs
- 40 Costs in defamation proceedings
PART 5 - MISCELLANEOUS
- 41 Proof of publication
- 42 Proof of convictions for offences
- 43 Incriminating answers, documents or things
- 44 Giving of notices and other documents
- 45 Regulations
- 46 Repeal of Defamation Act 1974 No 18
- 47 Savings, transitional and other provisions
48. (Repealed)
- 49 Review of Act