DEFAMATION ACT 2005
DEFAMATION ACT 2005
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
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
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
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
Division 2--Defences
24. Scope of defences under general law and other law not limited
25. Defence of justification
27. Defence of absolute privilege
28. Defence for publication of public documents
29. Defences of fair report of proceedings of public concern
30. Defence of qualified privilege for provision of certain information
31. Defences of honest opinion
32. Defence of innocent dissemination
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. Savings, transitional and other provisions for when Act originally enacted
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES