DEFAMATION ACT 2005
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Objects of Act
- 4 Interpretation
- 5 Act binds 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
- 10A Serious harm element of cause of action for defamation
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
- 12A Concerns notices
- 12B Defamation proceedings cannot be commenced without concerns notice
- 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 Permission required for multiple proceedings in relation to publication of same defamatory matter
Division 2--Defences
- 22 Scope of defences under general law and other law not limited
- 23 Defence of justification
- 24 Defence of contextual truth
- 25 Defence of absolute privilege
- 26 Defence for publication of public documents
- 27 Defences of fair report of proceedings of public concern
- 27A Defence of publication of matter concerning issue of public interest
- 28 Defence of qualified privilege for provision of certain information
- 28A Defence of scientific or academic peer review
- 29 Defences of honest opinion
- 30 Defence of innocent dissemination
Division 3--Remedies
- 32 Damages to bear rational relationship to harm
- 33 Damages for non-economic loss limited
- 34 State of mind of defendant generally not relevant to awarding damages
- 35 Exemplary or punitive damages cannot be awarded
- 36 Factors in mitigation of damages
- 37 Damages for multiple causes of action may be assessed as single sum
Division 4--Costs
- 38 Costs in defamation proceedings
PART 5--Miscellaneous
- 39 Proceedings for an offence do not bar civil proceedings
- 40 Proof of publication
- 41 Giving of notices and other documents
- 42 Regulations
SCHEDULE A1--Additional publications to which absolute privilege applies
1 Matters arising out of proceedings of Parole Board
