Victorian Consolidated Legislation

Defamation Act 2005 - SECT 29

Defences of fair report of proceedings of public concern

29. Defences of fair report of proceedings of public concern



(1) It is a defence to the publication of defamatory matter if the defendant
proves that the matter was, or was contained in, a fair report of any
proceedings of public concern.

(2) It is a defence to the publication of defamatory matter if the defendant
proves that-

   (a)  the matter was, or was contained in, an earlier published report of
        proceedings of public concern; and

   (b)  the matter was, or was contained in, a fair copy of, a fair summary
        of, or a fair extract from, the earlier published report; and

   (c)  the defendant had no knowledge that would reasonably make the
        defendant aware that the earlier published report was not fair.

(3) A defence established under subsection (1) or (2) is defeated if, and only
if, the plaintiff proves that the defamatory matter was not published honestly
for the information of the public or the advancement of education.

(4) In this section-

proceedings of public concern means-

   (a)  any proceedings in public of a parliamentary body; or

   (b)  any proceedings in public of an international organisation of any
        countries or of the governments of any countries; or

   (c)  any proceedings in public of an international conference at which the
        governments of any countries are represented; or

   (d)  any proceedings in public of-

   (i)  the International Court of Justice, or any other judicial or arbitral
        tribunal, for the decision of any matter in dispute between nations;
        or

   (ii) any other international judicial or arbitral tribunal; or

   (e)  any proceedings in public of a court or arbitral tribunal of any
        country; or

   (f)  any proceedings in public of an inquiry held under the law of any
        country or under the authority of the government of any country; or

   (g)  any proceedings in public of a local government body of any Australian
        jurisdiction; or

   (h)  proceedings of a learned society, or of a committee or governing body
        of the society, under its relevant objects, but only to the extent
        that the proceedings relate to a decision or adjudication made in
        Australia about-

   (i)  a member or members of the society; or

   (ii) a person subject by contract or otherwise by law to control by the
        society; or





   (i)  proceedings of a sport or recreation association, or of a committee or
        governing body of the association, under its relevant objects, but
        only to the extent that the proceedings relate to a decision or
        adjudication made in Australia about-

   (i)  a member or members of the association; or

   (ii) a person subject by contract or otherwise by law to control by the
        association; or

   (j)  proceedings of a trade association, or of a committee or governing
        body of the association, under its relevant objects, but only to the
        extent that the proceedings relate to a decision or adjudication made
        in Australia about-

   (i)  a member or members of the association; or

   (ii) a person subject by contract or otherwise by law to control by the
        association; or

   (k)  any proceedings of a public meeting (with or without restriction on
        the people attending) of shareholders of a public company under the
        Corporations Act held anywhere in Australia; or

   (l)  any proceedings of a public meeting (with or without restriction on
        the people attending) held anywhere in Australia if the proceedings
        relate to a matter of public interest, including the advocacy or
        candidature of a person for public office; or

   (m)  any proceedings of an ombudsman of any country if the proceedings
        relate to a report of the ombudsman; or

   (n)  any proceedings in public of a law reform body of any country; or

   (o)  any other proceedings conducted by, or proceedings of, a person, body
        or organisation of another Australian jurisdiction that are treated in
        that jurisdiction as proceedings of public concern under a provision
        of a law of the jurisdiction corresponding to this section; or

   (p)  any proceedings of a kind specified in Schedule 3.

(5) In this section-

law reform body of a country means a body (however described and whether or
not permanent or full-time) established by law to conduct inquiries into, and
to make recommendations on, reforming the laws of that country; learned
society means a body, wherever formed-

   (a)  the objects of which include the advancement of any art, science or
        religion or the advancement of learning in any field; and

   (b)  authorised by its constitution-

   (i)  to exercise control over, or adjudicate on, matters connected with
        those objects; and

   (ii) to make findings or decisions having effect, by law or custom, in any
        part of Australia; ombudsman of a country means a person (however
        described and whether or not permanent or full-time) authorised by law
        to investigate complaints about the actions or other conduct of any
        public officials or public bodies of that country; relevant objects of
        a learned society, sport or recreation association or trade
        association means-

   (a)  in relation to a learned society-objects of the kind referred to in
        paragraph (a) of the definition of learned society in this subsection;
        or

   (b)  in relation to a sport or recreation association-objects of the kind
        referred to in paragraph (a) of the definition of sport or recreation
        association in this subsection; or

   (c)  in relation to a trade association-objects of the kind referred to in
        paragraph (a) of the definition of trade association in this
        subsection; sport or recreation association means a body, wherever
        formed-

   (a)  the objects of which include the promotion of any game, sport, or
        pastime to the playing of which or exercise of which the public is
        admitted as spectators or otherwise and the promotion or protection of
        the interests of people connected with the game, sport, or pastime;
        and



   (b)  authorised by its constitution-

   (i)  to exercise control over, or adjudicate on, matters connected with the
        game, sport, or pastime; and

   (ii) to make findings or decisions having effect, by law or custom, in any
        part of Australia; trade association means a body, wherever formed-

   (a)  the objects of which include the promotion of any calling, that is to
        say, a trade, business, industry or profession and the promotion or
        protection of the interests of people engaged in any calling; and

   (b)  authorised by its constitution-

   (i)  to exercise control over, or adjudicate on, matters connected with a
        calling or the conduct of people engaged in the calling; and

   (ii) to make findings or decisions having effect, by law or custom, in any
        part of Australia.