DEFAMATION ACT 2005
Table of Provisions
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--Concerns notices and 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
Division 2--Defences
- 24 Scope of defences under general law and other law not limited
- 25 Defence of justification
- 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
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- 46 Savings, transitional and other provisions for when Act originally enacted