DEFAMATION ACT 2006 (NO 8 OF 2006)
Table of Provisions
PART 1--PRELIMINARY MATTERS
- 1 Short title
- 2 Objects of Act
- 3 Definitions
- 4 Act binds Crown
PART 2--GENERAL PRINCIPLES
Division 1 -- Defamation and the general law
- 5 Tort of defamation
- 6 Distinction between slander and libel abolished
Division 2 -- Causes of action for defamation
- 7 Single cause of action for multiple defamatory imputations in same matter
- 8 Certain corporations do not have cause of action for defamation
- 9 No cause of action for defamation of, or against, deceased persons
Division 3 -- Choice of law
- 10 Choice of law for defamation proceedings
PART 3--RESOLUTION OF CIVIL DISPUTES WITHOUT LITIGATION
Division 1 -- Offers to make amends
Division 2 -- Apologies
- 19 Effect of apology on liability for defamation
PART 4--LITIGATION OF CIVIL DISPUTES
Division 1 -- General
- 20 Leave required for further proceedings in relation to publication of same defamatory matter
Division 2 -- Defences
- 21 Scope of defences under general law and other law not limited
- 22 Defence of justification
- 23 Defence of contextual truth
- 24 Defence of absolute privilege
- 25 Defence for publication of public documents
- 26 Defences of fair report of proceedings of public concern
- 27 Defence of qualified privilege for provision of certain information
- 28 Defences of honest opinion
- 29 Defence of innocent dissemination
- 30 Defence of triviality
Division 3 -- Remedies
- 31 Damages to bear rational relationship to harm
- 32 Damages for non-economic loss limited
- 33 State of mind of defendant generally not relevant to awarding damages
- 34 Exemplary or punitive damages cannot be awarded
- 35 Factors in mitigation of damages
- 36 Damages for multiple causes of action may be assessed as single sum
Division 4 -- Costs
- 37 Costs in defamation proceedings
PART 5--MISCELLANEOUS MATTERS
- 38 Proof of publication
- 39 Proof of convictions for offences
- 40 Incriminating answers, documents or things
- 41 Giving of notices and other documents
- 42 Regulations
- 43 Definitions
- 44 Repeal
- 45 Application of this Act
- 46 References to repealed Act
- 47 Transitional regulations
PART 7--CONSEQUENTIAL AMENDMENTS
Division 1 -- Amendment of Limitation Act
- 48 Principal Act amended
- 49 Amendment of section 12 (Actions in contract, tort etc.)
- 50 Amendment of section 44 (Extension of periods)
- 51 New Part III, Division 3
- 52 New Part V
Division 2 -- Amendment of Juries Act
- 53 Principal Act amended
- 54 New section 6A
- 55 Amendment of section 7 (Juries in other civil cases)
Division 3 -- Expiry of Part