DEFAMATION ACT 2005
DEFAMATION ACT 2005
- Act 73 of 2005
- Royal Assent 9 December 2005
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Objects of Act
4. Interpretation
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
20A. Proceedings generally to be commenced within one year
20AB. Single publication rule
20AC. Extension of limitation period
20AD. Effect of limitation law concerning electronic publications on other
laws
20B. Application of section 20A
20BA. Application of amendments to this Division by the Defamation
Amendment Act 2021
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. Defence of fair report of proceedings of public concern
29A. Defence of publication of matter 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. Section 33
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. Rules of court
47. Administration of Act
48. Savings, transitional and other provisions
48A. Savings and transitional provisions on commencement of Defamation
Amendment Act 2021
49. Section 49
50. Legislation repealed
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
[ Note: This table has been automatically generated and may be incomplete. ]