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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

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