DEFAMATION ACT 2005

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Objects of Act
 
• 4 Terms used in this Act
 
• 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 causes 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 -- 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
 
• 23 Leave required for further proceedings in relation to publication of same defamatory matter

Division 2 -- Defences  

• 24 Scope of defences under general law and other law not limited
 
• 25 Defence of justification
 
• 26 Defence of contextual truth
 
• 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
 
• 33 Defence of triviality

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 Repeal of existing legislation
 
• 47 The Criminal Code amended
 
• 48 Savings, transitional and other provisions
• SCHEDULE 1 -- Additional publications to which absolute privilege applies
• SCHEDULE 2 -- Additional kinds of public documents
• SCHEDULE 3 -- Additional proceedings of public concern
• SCHEDULE 4 -- Amendments to The Criminal Code  
• Compilation table