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DEFAMATION ACT 2005 - SECT 4
Definitions
4 Definitions
In this Act--
"access prevention step" , in relation to the publication of digital matter,
means a step--
(a) to remove the matter, or
(b) to block, disable or
otherwise prevent access, whether by some or all persons, to the matter.
"applicable period" for an offer to make amends is defined by section 14.
"associated entity" has the same meaning as in section 50AAA of the
Corporations Act 2001 of the Commonwealth.
"Australian court" means any court established by or under a law of an
Australian jurisdiction (including a court conducting committal proceedings
for an indictable offence).
"Australian jurisdiction" means-- (a) a State, or
(b) a Territory, or
(c)
the Commonwealth.
"Australian tribunal" means any tribunal (other than a court) established by
or under a law of an Australian jurisdiction that has the power to take
evidence from witnesses before it on oath or affirmation (including a Royal
Commission or other special commission of inquiry).
"caching service" is defined for Part 2, Division 2A by section 10B.
"concerns notice" is defined by section 12A.
"conduit service" is defined for Part 2, Division 2A by section 10B.
"country" includes-- (a) a federation and a state, territory, province or
other part of a federation, and
(b) an Australian jurisdiction.
"digital intermediary" , in relation to the publication of digital matter,
means a person, other than an author, originator or poster of the matter, who
provides or administers the online service by means of which the matter is
published. Note--: There may be more than 1 digital intermediary in relation
to the publication of the same digital matter.
"digital matter" means matter published in electronic form by means of an
online service.
"document" means any record of information, and includes-- (a) anything on
which there is writing, and
(b) anything on which there are marks, figures,
symbols or perforations having a meaning for persons qualified to interpret
them, and
(c) anything from which sounds, images or writings can be
reproduced with or without the aid of anything else, and
(d) a map, plan,
drawing or photograph.
"electronic communication" includes a communication of information in the form
of data, text, images or sound (or any combination of these) by means of
guided or unguided electromagnetic energy, or both.
"excluded corporation" means an excluded corporation referred to in section 9.
"further particulars notice" means a further particulars notice referred to in
section 12A(3).
"general law" means the common law and equity.
"Health Practitioner Regulation National Law" means-- (a) the Health
Practitioner Regulation National Law-- (i) as in force from time to time, set
out in the Schedule to the Health Practitioner Regulation National Law Act
2009 of Queensland, and
(ii) as it applies (including with any modifications)
as a law of New South Wales or another State or Territory, or
(b) the law of
another State or Territory that substantially corresponds to the law referred
to in paragraph (a).
"matter" includes-- (a) an article, report, advertisement or other thing
communicated by means of a newspaper, magazine or other periodical, and
(b) a
program, report, advertisement or other thing communicated by means of
television, radio, the Internet or any other form of electronic communication,
and
(c) a letter, note or other writing, and
(d) a picture, gesture or oral
utterance, and
(e) any other thing by means of which something may be
communicated to a person.
"offer to make amends" means an offer to make amends under Division 1 of Part
3.
"online service" means a service provided to a person, whether or not it is
requested or it is for a fee or reward, to enable the person to use the
internet, including, without limitation, a service enabling a person-- (a) to
access or connect to the internet, or
(b) to use the internet to do 1 or more
of the following-- (i) send or receive content,
(ii) store content,
(iii)
index content,
(iv) search for content,
(v) share content,
(vi) interact
with other persons.
Examples of an online service--: 1 An internet-based
social media platform.
2 A forum created or administered by a person using a
facility provided by an internet-based social media platform that enables
users to share content or interact with other users about a topic.
3 A
website or other internet-based platform that enables knowledge to be shared
by or with its users.
"parliamentary body" means-- (a) a parliament or legislature of any country,
or
(b) a house of a parliament or legislature of any country, or
(c) a
committee of a parliament or legislature of any country, or
(d) a committee
of a house or houses of a parliament or legislature of any country.
"poster" , in relation to the publication of digital matter, means a person
who uses the online service by means of which the matter is published for the
purpose of communicating the matter to 1 or more other persons.
"search engine" is defined for Part 2, Division 2A by section 10B.
"search engine provider" is defined for Part 2, Division 2A by section 10B.
"search result" is defined for Part 2, Division 2A by section 10B.
"storage service" is defined for Part 2, Division 2A by section 10B.
"substantially true" means true in substance or not materially different from
the truth.
"Territory" means the Australian Capital Territory or the Northern Territory.
"this jurisdiction" means New South Wales.
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