Victorian Consolidated Legislation

Defamation Act 2005 - SECT 24

Scope of defences under general law and other law not limited

24. Scope of defences under general law and other law not limited



(1) A defence under this Division is additional to any other defence or
exclusion of liability available to the defendant apart from this Act
(including under the general law) and does not of itself vitiate, limit or
abrogate any other defence or exclusion of liability.

Note A number of Acts contain provisions providing protection from, or a
defence to, defamation actions in respect of certain publications or other
documents or proceedings. For example, section 19 of the Constitution Act 1975
confers certain privileges and immunities on members of Parliament. That Act
also protects the authorised publication of, or the publication of a copy of,
a report, paper, votes or proceedings of the Council or the Assembly or of a
parliamentary committee or the authorised broadcasting of proceedings of such
a body (see sections 73, 74 and 74AA). Section 24(1) of this Act continues the
operation of all such provisions in addition to any defence that may be
available under this Act, for example, a defence of absolute privilege under
section 27.

(2) If a defence under this Division to the publication of defamatory matter
may be defeated by proof that the publication was actuated by malice, the
general law applies in defamation proceedings in which the defence is raised
to determine whether a particular publication of matter was actuated by
malice.