Northern Territory Consolidated Acts

DEFAMATION ACT

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY MATTERS

   1.      Short title
   2.      Objects of Act
   3.      Definitions
   4.      Act binds Crown

   PART 2 - GENERAL PRINCIPLES

           Division 1 - Defamation and the general law

   5.      Tort of defamation
   6.      Distinction between slander and libel abolished

           Division 2 - Causes of action for defamation

   7.      Single cause of action for multiple defamatory imputations in same matter
   8.      Certain corporations do not have cause of action for defamation
   9.      No cause of action for defamation of, or against, deceased persons

           Division 3 - Choice of law

   10.     Choice of law for defamation proceedings

   PART 3 - RESOLUTION OF CIVIL DISPUTES WITHOUT LITIGATION

           Division 1 - Offers to make amends

   11.     Application of Division
   12.     Publisher may make offer to make amends
   13.     When offer to make amends may be made
   14.     Content of offer to make amends
   15.     Withdrawal of offer to make amends
   16.     Effect of acceptance of offer to make amends
   17.     Effect of failure to accept reasonable offer to make amends
   18.     Inadmissibility of evidence of certain statements and admissions

           Division 2 - Apologies

   19.     Effect of apology on liability for defamation

   PART 4 - LITIGATION OF CIVIL DISPUTES

           Division 1 - General

   20.     Leave required for further proceedings in relation to publication of same defamatory matter

           Division 2 - Defences

   21.     Scope of defences under general law and other law not limited
   22.     Defence of justification
   23.     Defence of contextual truth
   24.     Defence of absolute privilege
   25.     Defence for publication of public documents
   26.     Defences of fair report of proceedings of public concern
   27.     Defence of qualified privilege for provision of certain information
   28.     Defences of honest opinion
   29.     Defence of innocent dissemination
   30.     Defence of triviality

           Division 3 - Remedies

   31.     Damages to bear rational relationship to harm
   32.     Damages for non-economic loss limited
   33.     State of mind of defendant generally not relevant to awarding damages
   34.     Exemplary or punitive damages cannot be awarded
   35.     Factors in mitigation of damages
   36.     Damages for multiple causes of action may be assessed as single sum

           Division 4 - Costs

   37.     Costs in defamation proceedings

   PART 5 - MISCELLANEOUS MATTERS

   38.     Proof of publication
   39.     Proof of convictions for offences
   40.     Incriminating answers, documents or things
   41.     Giving of notices and other documents
   42.     Regulations

   PART 6 - REPEALS AND TRANSITIONAL matters for defamation act 2006

   43.     Definitions
   44.     Repeal
   45.     Application of this Act
   46.     References to repealed Act
   47.     Transitional regulations
   48.     - 56. [Part 7] [Expired] [See back note 2]
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4