New South Wales Consolidated Acts

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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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