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DEFAMATION ACT 2005

DEFAMATION ACT 2005


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Objects of Act
   4.      Interpretation
   5.      Act binds 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.     Permission required for multiple proceedings in relation to publication of same defamatory matter

           Division 2--Defences

   22.     Scope of defences under general law and other law not limited
   23.     Defence of justification
   24.     Defence of contextual truth
   25.     Defence of absolute privilege
   26.     Defence for publication of public documents
   27.     Defences of fair report of proceedings of public concern
   27A.    Defence of publication of matter concerning issue of public interest
   28.     Defence of qualified privilege for provision of certain information
   28A.    Defence of scientific or academic peer review
   29.     Defences of honest opinion
   30.     Defence of innocent dissemination

           Division 3--Remedies

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

           Division 4--Costs

   38.     Costs in defamation proceedings

   PART 5--Miscellaneous

   39.     Proceedings for an offence do not bar civil proceedings
   40.     Proof of publication
   41.     Giving of notices and other documents
   42.     Regulations
           SCHEDULE A1--Additional publications to which absolute privilege applies
           1 Matters arising out of proceedings of Parole Board
           SCHEDULE 1--Transitional provisions
           Legislative history