Victorian Consolidated Legislation

DEFAMATION ACT 2005

No. 75 of 2005
Version as at 9 November 2007

TABLE OF PROVISIONS

           Section Page

   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-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
   23.     Leave required for further 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
   30.     Defence of qualified privilege for provision of certain information
   31.     Defences of honest opinion
   32.     Defence of innocent dissemination
   33.     Defence of triviality

           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
   47.     Amendment of Limitation of Actions Act 1958.
   48.     New Division 2A inserted in Part II of Limitation of Actions Act 1958.

           Division 2A-Defamation

   49.     Amendment of other Acts
           __________________
           SCHEDULE 1-Additional Publications to which Absolute
           Privilege Applies
           SCHEDULE 2-Additional Kinds of Public Documents
           SCHEDULE 3-Additional Proceedings of Public Concern
           SCHEDULE 4-Consequential Amendments
           1. Evidence Act 1958.
           2. Police Regulation Act 1958.
           3. Wrongs Act 1958.
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details