New South Wales Consolidated Acts

DEFAMATION ACT 2005

- As at 1 July 2024 
- Act 77 of 2005 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   4A.     Examples and notes
   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
   10A.    Serious harm element of cause of action for defamation

           Division 2A - Exemptions from liability for digital intermediaries

   10B.    Definitions
   10C.    Exemption for digital intermediaries providing caching, conduit or storage services
   10D.    Exemption for search engine providers
   10E.    Early determination of digital intermediary exemptions

           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.     Election for defamation proceedings to be tried by jury
   22.     Roles of judicial officers and juries in defamation proceedings
   23.     Leave required for multiple proceedings in relation to publication of same defamatory matter
   23A.    Orders for preliminary discovery about posters of digital 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
   29A.    Defence of publication of matter concerning issue of public interest
   30.     Defence of qualified privilege for provision of certain information
   30A.    Defence of scientific or academic peer review
   31.     Defences of honest opinion
   31A.    Defence for publications involving digital intermediaries
   32.     Defence of innocent dissemination
   33.     (Repealed)

           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
   39A.    Orders against non-party digital intermediaries concerning defamatory digital matter

           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 Defamation Act 1974 No 18
   47.     Savings, transitional and other provisions
   48.     (Repealed)
   49.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 6 (Repealed)