{"id":"defamation-act-2006","name":"Defamation Act 2006","slug":"defamation-act-2006","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30011,"registerId":"nt-defamation-act-2006-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defamation Act 2006","content":"NORTHERN TERRITORY OF AUSTRALIA\nDEFAMATION ACT 2006\nAs in force at 11 August 2025\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Objects of Act .................................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Act binds Crown .............................................................................. 5\nPart 2 General principles\nDivision 1 Defamation and the general law\n5 Tort of defamation ........................................................................... 5\n6 Distinction between slander and libel abolished .............................. 5\nDivision 2 Causes of action for defamation\n7 Single cause of action for multiple defamatory imputations in\nsame matter..................................................................................... 6\n8 Certain corporations do not have cause of action for\ndefamation ....................................................................................... 6\n9 No cause of action for defamation of, or against, deceased\npersons ............................................................................................ 7\n9A Serious harm element of cause of action for defamation ................. 7\nDivision 2A Exemptions from liability for digital\nintermediaries\n9B Definitions ........................................................................................ 8\n9C Exemption for digital intermediaries providing caching, conduit\nor storage services .......................................................................... 9\n9D Exemption for search engine providers ......................................... 10\n9E Early determination of digital intermediary exemptions ................. 11\nDivision 3 Choice of law\n10 Choice of law for defamation proceedings ..................................... 12\n\nDefamation Act 2006 ii\nPart 3 Resolution of civil disputes without\nlitigation\nDivision 1 Concerns notices and offers to make amends\n11 Application of Division ................................................................... 13\n11A Concerns notices ........................................................................... 14\n11B Defamation proceedings cannot be commenced without\nconcerns notice ............................................................................. 15\n12 Publisher may make offer to make amends................................... 16\n13 When offer to make amends may be made ................................... 16\n14 Content of offer to make amends .................................................. 17\n15 Withdrawal of offer to make amends ............................................. 18\n16 Effect of acceptance of offer to make amends............................... 19\n17 Effect of failure to accept reasonable offer to make amends ......... 20\n18 Inadmissibility of evidence of certain statements and\nadmissions..................................................................................... 21\nDivision 2 Apologies\n19 Effect of apology on liability for defamation ................................... 21\nPart 4 Litigation of civil disputes\nDivision 1 General\n20 Leave required for multiple proceedings in relation to\npublication of same defamatory matter.......................................... 22\n20A Orders for preliminary discovery about posters of digital matter .... 22\nDivision 2 Defences\n21 Scope of defences under general law and other law not limited .... 23\n22 Defence of justification .................................................................. 23\n23 Defence of contextual truth ............................................................ 24\n24 Defence of absolute privilege ........................................................ 24\n25 Defence for publication of public documents ................................. 25\n26 Defences of fair report of proceedings of public concern ............... 27\n26A Defence of publication of matter concerning issue of public\ninterest ........................................................................................... 31\n27 Defence of qualified privilege for provision of certain\ninformation ..................................................................................... 32\n27A Defence of scientific or academic peer review............................... 33\n28 Defences of honest opinion ........................................................... 34\n28A Defence for publications involving digital intermediaries ............... 36\n29 Defence of innocent dissemination ................................................ 38\n\nDefamation Act 2006 iii\nDivision 3 Remedies\n31 Damages to bear rational relationship to harm .............................. 39\n32 Damages for non-economic loss limited ........................................ 39\n33 State of mind of defendant generally not relevant to awarding\ndamages ........................................................................................ 40\n34 Exemplary or punitive damages cannot be awarded ..................... 40\n35 Factors in mitigation of damages ................................................... 40\n36 Damages for multiple causes of action may be assessed as\nsingle sum ..................................................................................... 41\n36A Orders against non-party digital intermediaries concerning\ndefamatory digital matter ............................................................... 41\nDivision 4 Costs\n37 Costs in defamation proceedings .................................................. 42\nPart 5 Miscellaneous matters\n38 Proof of publication ........................................................................ 43\n39 Proof of convictions for offences.................................................... 44\n40 Incriminating answers, documents or things .................................. 44\n41 Giving of notices and other documents ......................................... 45\n42 Regulations.................................................................................... 46\nPart 6 Repeals and transitional matters for\nDefamation Act 2006\n43 Definitions ...................................................................................... 46\n44 Repeal ........................................................................................... 46\n45 Application of this Act .................................................................... 46\n46 References to repealed Act ........................................................... 47\nPart 7 Transitional matters for Defamation\nLegislation Amendment Act 2025\nDivision 1 Part 2 of Defamation Legislation Amendment\nAct 2025\n47 Application of amendments ........................................................... 47\nDivision 2 Part 3, Division 2 of Defamation Legislation\nAmendment Act 2025\n48 Interpretation ................................................................................. 48\n49 Application of digital intermediary amendments ............................ 48\n50 Application of offers amendments ................................................. 49\n51 Application of preliminary discovery or non-party digital\nintermediary order amendments .................................................... 49\n\nDefamation Act 2006 iv\n52 Application of document giving or service amendments ................ 49\nDivision 3 Part 3, Division 3 of Defamation Legislation\nAmendment Act 2025\n53 Application of absolute privilege amendments............................... 49\nSchedule 1 Additional publications to which absolute\nprivilege applies\nSchedule 2 Additional kinds of public documents\nSchedule 3 Additional proceedings of public concern\nSchedule 4 Acts repealed\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 11 August 2025\n____________________\nDEFAMATION ACT 2006\nAn Act to enact in the Territory provisions to promote uniform laws of\ndefamation in Australia, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Defamation Act 2006.\n2 Objects of Act\nThe objects of this Act are:\n(a) to enact provisions to promote uniform laws of defamation in\nAustralia; and\n(b) to ensure the law of defamation does not place unreasonable\nlimits on freedom of expression and, in particular, on the\npublication and discussion of matters of public interest and\nimportance; and\n(c) to provide effective and fair remedies for persons whose\nreputations are harmed by the publication of defamatory\nmatter; and\n(d) to promote speedy and non-litigious methods of resolving\ndisputes about the publication of defamatory matter.\n3 Definitions\nIn this Act:\naccess prevention step, in relation to the publication of digital\nmatter, means a step:\n(a) to remove the matter; or\n(b) to block, disable or otherwise prevent access, whether by\nsome or all persons, to the matter.\n\nPart 1 Preliminary matters\nDefamation Act 2006 2\naggrieved person, for Part 3, Division 1, has the meaning in\nsection 11(1).\napplicable period, for an offer to make amends, see section 13.\nassociated entity, see section 50AAA of the Corporations\nAct 2001 (Cth).\nAustralian court means any court established by or under a law of\nan Australian jurisdiction (including a court conducting committal\nproceedings for an indictable offence).\nAustralian jurisdiction means:\n(a) a State; or\n(b) a Territory; or\n(c) the Commonwealth.\nAustralian tribunal means any tribunal (other than a court)\nestablished by or under a law of an Australian jurisdiction that has\nthe power to take evidence from witnesses before it on oath or\naffirmation (including a Royal Commission or other special\ncommission of inquiry).\ncaching service, for Part 2, Division 2A, see section 9B.\nconcerns notice, see section 11A.\nconduit service, for Part 2, Division 2A, see section 9B.\ncountry includes:\n(a) a federation and a state, territory, province or other part of a\nfederation; and\n(b) an Australian jurisdiction.\ndigital intermediary, in relation to the publication of digital matter,\nmeans a person, other than an author, originator or poster of the\nmatter, who provides or administers the online service by means of\nwhich the matter is published.\nNote for definition digital intermediary\nThere may be more than one digital intermediary in relation to the publication of\nthe same digital matter.\ndigital matter means matter published in electronic form by means\nof an online service.\n\nPart 1 Preliminary matters\nDefamation Act 2006 3\ndocument means any record of information, and includes:\n(a) anything on which there is writing; and\n(b) anything on which there are marks, figures, symbols or\nperforations having a meaning for persons qualified to\ninterpret them; and\n(c) anything from which sounds, images or writings can be\nreproduced with or without the aid of anything else; and\n(d) a map, plan, drawing or photograph.\nelectronic communication includes a communication of\ninformation in the form of data, text, images or sound (or any\ncombination of these) by means of guided or unguided\nelectromagnetic energy, or both.\nexcluded corporation, see section 8.\nfurther particulars notice, see section 11A(3).\ngeneral law means the common law and equity.\nmatter includes:\n(a) an article, report, advertisement or other thing communicated\nby means of a newspaper, magazine or other periodical; and\n(b) a program, report, advertisement or other thing communicated\nby means of television, radio, the Internet or any other form of\nelectronic communication; and\n(c) a letter, note or other writing; and\n(d) a picture, gesture or oral utterance; and\n(e) any other thing by means of which something may be\ncommunicated to a person.\nmatter in question, for Part 3, Division 1, has the meaning in\nsection 11(1).\noffer to make amends means an offer to make amends under\nPart 3, Division 1.\n\nPart 1 Preliminary matters\nDefamation Act 2006 4\nonline service means a service provided to a person, whether or\nnot it is requested or it is for a fee or reward, to enable the person\nto use the internet, including, without limitation, a service enabling a\nperson:\n(a) to access or connect to the internet; or\n(b) to use the internet to do one or more of the following:\n(i) send or receive content;\n(ii) store content;\n(iii) index content;\n(iv) search for content;\n(v) share content;\n(vi) interact with other persons.\nExamples for definition online service\n1 An internet-based social media platform.\n2 A forum created or administered by a person using a facility provided by an\ninternet-based social media platform that enables users to share content or\ninteract with other users about a topic.\n3 A website or other internet-based platform that enables knowledge to be\nshared by or with its users.\nparliamentary body means:\n(a) a parliament or legislature of any country; or\n(b) a house of a parliament or legislature of any country; or\n(c) a committee of a parliament or legislature of any country; or\n(d) a committee of a house or houses of a parliament or\nlegislature of any country.\nposter, in relation to the publication of digital matter, means a\nperson who uses the online service by means of which the matter is\npublished for the purpose of communicating the matter to one or\nmore other persons.\nsearch engine, for Part 2, Division 2A, see section 9B.\nsearch engine provider, for Part 2, Division 2A, see section 9B.\nsearch result, for Part 2, Division 2A, see section 9B.\n\nPart 2 General principles\nDivision 1 Defamation and the general law\nDefamation Act 2006 5\nstorage service, for Part 2, Division 2A, see section 9B.\npublisher, for Part 3, Division 1, has the meaning in section 11(1).\nsubstantially true means true in substance or not materially\ndifferent from the truth.\nTerritory means the Australian Capital Territory or Northern\nTerritory.\nthis jurisdiction means the Northern Territory.\n4 Act binds Crown\nThis Act binds the Crown in right of this jurisdiction and, to the\nextent the legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 2 General principles\nDivision 1 Defamation and the general law\n5 Tort of defamation\n(1) This Act relates to the tort of defamation at general law.\n(2) This Act does not affect the operation of the general law in relation\nto the tort of defamation except to the extent that this Act provides\notherwise (whether expressly or by necessary implication).\n(3) Without limiting subsection (2), the general law as it is from time to\ntime applies for the purposes of this Act as if the Acts repealed by\nsection 44 had never been enacted.\n6 Distinction between slander and libel abolished\n(1) The distinction at general law between slander and libel remains\nabolished.\n(2) Accordingly, the publication of defamatory matter of any kind is\nactionable without proof of special damage.\n\nPart 2 General principles\nDivision 2 Causes of action for defamation\nDefamation Act 2006 6\nDivision 2 Causes of action for defamation\n7 Single cause of action for multiple defamatory imputations in\nsame matter\nA person has a single cause of action for defamation in relation to\nthe publication of defamatory matter about the person even if more\nthan one defamatory imputation about the person is carried by the\nmatter.\n8 Certain corporations do not have cause of action for\ndefamation\n(1) A corporation has no cause of action for defamation in relation to\nthe publication of defamatory matter about the corporation unless it\nwas an excluded corporation at the time of the publication.\n(2) A corporation is an excluded corporation if:\n(a) the objects for which it is formed do not include obtaining\nfinancial gain for its members or corporators; or\n(b) it has fewer than 10 employees and is not an associated entity\nof another corporation;\nand the corporation is not a public body.\n(3) In counting employees for the purposes of subsection (2)(b), part-\ntime employees are to be taken into account as an appropriate\nfraction of a full-time equivalent.\n(5) Subsection (1) does not affect any cause of action for defamation\nthat an individual associated with a corporation has in relation to the\npublication of defamatory matter about the individual even if the\npublication of the same matter also defames the corporation.\n(6) In this section:\ncorporation includes any body corporate or corporation constituted\nby or under a law of any country (including by exercise of a\nprerogative right), whether or not a public body.\nemployee, in relation to a corporation, includes any individual\n(whether or not an independent contractor) who is:\n(a) engaged in the day-to-day operations of the corporation other\nthan as a volunteer; and\n(b) subject to the control and direction of the corporation.\n\nPart 2 General principles\nDivision 2 Causes of action for defamation\nDefamation Act 2006 7\npublic body means a local government body or other\ngovernmental or public authority constituted by or under a law of\nany country.\n9 No cause of action for defamation of, or against, deceased\npersons\n(1) A person (including a personal representative of a deceased\nperson) cannot assert, continue or enforce a cause of action for\ndefamation in relation to:\n(a) the publication of defamatory matter about a deceased person\n(whether published before or after his or her death); or\n(b) the publication of defamatory matter by a person who has died\nsince publishing the matter.\n(2) Subsection (1) does not prevent a court, if it considers it in the\ninterests of justice to do so, from determining the question of costs\nfor proceedings discontinued because of that subsection.\n9A Serious harm element of cause of action for defamation\n(1) It is an element (the serious harm element) of a cause of action\nfor defamation that the publication of defamatory matter about a\nperson has caused, or is likely to cause, serious harm to the\nreputation of the person.\n(2) For the purposes of subsection (1), harm to the reputation of an\nexcluded corporation is not serious harm unless it has caused, or is\nlikely to cause, the corporation serious financial loss.\n(3) The judicial officer in defamation proceedings is to determine\nwhether the serious harm element is established.\n(4) Without limiting subsection (3), the judicial officer may (whether on\nthe application of a party or on the judicial officer's own motion):\n(a) determine whether the serious harm element is established at\nany time before the trial for the proceedings commences or\nduring the trial; and\n(b) make any orders the judicial officer considers appropriate\nconcerning the determination of the issue (including\ndismissing the proceedings if satisfied the element is not\nestablished).\n(5) If a party applies for the serious harm element to be determined\nbefore the trial for the proceedings commences, the judicial officer\nis to determine the issue as soon as practicable before the trial\n\nPart 2 General principles\nDivision 2A Exemptions from liability for digital intermediaries\nDefamation Act 2006 8\ncommences unless satisfied that there are special circumstances\njustifying the postponement of the determination to a later stage of\nthe proceedings (including during the trial).\n(6) The matters a judicial officer may take into account in deciding\nwhether there are special circumstances for the purposes of\nsubsection (5) include (but are not limited to) the following:\n(a) the cost implications for the parties;\n(b) the resources available to the court at the time;\n(c) the extent to which establishing the serious harm element is\nlinked to other issues for determination during the trial for the\nproceedings.\n(7) Without limiting subsection (5), the judicial officer may determine\nthe serious harm element is not established on the pleadings\nwithout the need for further evidence if satisfied that the pleaded\nparticulars are insufficient to establish the element.\n(8) Nothing in this section limits the powers that a judicial officer may\nhave apart from this section to dismiss defamation proceedings\n(whether before or after the trial commences).\nDivision 2A Exemptions from liability for digital intermediaries\n9B Definitions\nIn this Division:\ncaching service means an online service whose principal function\nis to provide automatic, intermediate and temporary storage of\ncontent for the purpose of making the onward electronic\ntransmission of the content more efficient for its users.\nExample for definition caching service\nA service for temporarily and automatically storing files that are most frequently\ndownloaded by users of a website to speed up the download time for the files.\nconduit service means an online service whose principal function\nis to enable its users to access or use networks or other\ninfrastructure to connect to, or send or receive data by means of,\nthe internet.\nExamples for definition conduit service\n1 A service provided by an internet service provider enabling its users to\nconnect to the internet.\n\nPart 2 General principles\nDivision 2A Exemptions from liability for digital intermediaries\nDefamation Act 2006 9\n2 An internet-based service enabling its users to send emails or send text\nmessages to other persons.\nsearch engine means a software application or system designed to\nenable its users to search for content on the internet.\nsearch engine provider, for a search engine, means a person who\nmaintains, or provides users with access to the search functions of,\nthe search engine.\nsearch result means a result generated by a search engine that is\nlimited to identifying a webpage on which content is located by\nreference to one or more of the following:\n(a) the title of the webpage;\n(b) a hyperlink to the webpage;\n(c) an extract from the webpage;\n(d) an image from the webpage.\nstorage service means an online service, other than a caching\nservice, whose principal function is to enable its users to store\ncontent remotely.\nExample for definition storage service\nAn internet-based cloud service enabling its users to store documents, videos or\nphotographs for later retrieval.\n9C Exemption for digital intermediaries providing caching,\nconduit or storage services\n(1) A digital intermediary is not liable for defamation for the publication\nof digital matter if the intermediary proves:\n(a) the matter was published using one or more of the following\nservices provided by the intermediary:\n(i) a caching service;\n(ii) a conduit service;\n(iii) a storage service; and\n(b) the intermediary's role in the publication was limited to\nproviding one or more of the services mentioned in\nparagraph (a); and\n\nPart 2 General principles\nDivision 2A Exemptions from liability for digital intermediaries\nDefamation Act 2006 10\n(c) the intermediary did not do any of the following:\n(i) initiate the steps required to publish the matter;\n(ii) select any of the recipients of the matter;\n(iii) encourage the poster of the matter to publish the matter;\n(iv) edit the content of the matter, whether before or after it\nwas published;\n(v) promote the matter, whether before or after it was\npublished.\n(2) Subsection (1)(c) does not apply in relation to action taken because\nit is required by or under a law of an Australian jurisdiction or an\norder of an Australian court or Australian tribunal.\nExample for subsection (2)\nAction taken to comply with a code of conduct or other document regulating\nconduct that a digital intermediary is required to comply with by a law of an\nAustralian jurisdiction.\n(3) Subsection (1) applies regardless of whether the digital\nintermediary knew, or ought reasonably to have known, the digital\nmatter was defamatory.\n9D Exemption for search engine providers\n(1) A search engine provider for a search engine is not liable for\ndefamation for:\n(a) the publication of digital matter comprised of search results if\nthe provider's role was limited to providing an automated\nprocess for the user of the search engine to generate the\nresults; or\n(b) the publication of digital matter to which the search results\nprovide a hyperlink if the provider's role in the publication of\nthe matter is limited to the role mentioned in paragraph (a).\n(2) Subsection (1) does not apply in relation to search results, or to\ndigital matter to which the search results provide hyperlinks, to the\nextent the results are promoted or prioritised by the search engine\nprovider because of a payment or other benefit given to the\nprovider by or on behalf of a third party.\n(3) Subsection (1) applies regardless of whether the search engine\nprovider knew, or ought reasonably to have known, the digital\nmatter was defamatory.\n\nPart 2 General principles\nDivision 2A Exemptions from liability for digital intermediaries\nDefamation Act 2006 11\n9E Early determination of digital intermediary exemptions\n(1) The judicial officer in defamation proceedings:\n(a) is to determine whether a defendant has a digital intermediary\nexemption; and\n(b) is to determine whether a digital intermediary exemption is\nestablished as soon as practicable before the trial for the\nproceedings commences unless satisfied that there are good\nreasons to postpone the determination to a later stage of the\nproceedings; and\n(c) may make any orders the judicial officer considers appropriate\nconcerning the determination of the issue, including\ndismissing the proceedings if satisfied the digital intermediary\nexemption is established.\n(2) Without limiting subsection (1):\n(a) the following matters are relevant in deciding whether there\nare good reasons to postpone the determination of whether a\ndigital intermediary exemption is established to a later stage of\nthe proceedings:\n(i) the cost implications for the parties;\n(ii) the resources available to the court at the time;\n(iii) the extent to which technical or scientific issues are\nraised in the proceedings;\n(iv) the extent to which establishing the digital intermediary\nexemption is linked to other issues for determination\nduring the trial for the proceedings; and\n(b) the judicial officer may determine a digital intermediary\nexemption is established on the pleadings without the need for\nfurther evidence if satisfied that the pleaded particulars are\nsufficient to establish the exemption.\n(3) Nothing in this section limits the powers that a judicial officer may\nhave apart from this section to dismiss defamation proceedings,\nwhether before or after the trial for the proceedings commences.\n(4) In this section:\ndigital intermediary exemption means an exemption from liability\nfor defamation mentioned in section 9C or 9D.\n\nPart 2 General principles\nDivision 3 Choice of law\nDefamation Act 2006 12\nDivision 3 Choice of law\n10 Choice of law for defamation proceedings\n(1) If a matter is published wholly within a particular Australian\njurisdictional area, the substantive law that is applicable in that area\nmust be applied in this jurisdiction to determine any cause of action\nfor defamation based on the publication.\n(2) If there is a multiple publication of matter in more than one\nAustralian jurisdictional area, the substantive law applicable in the\nAustralian jurisdictional area with which the harm occasioned by the\npublication as a whole has its closest connection must be applied in\nthis jurisdiction to determine each cause of action for defamation\nbased on the publication.\n(3) In determining the Australian jurisdictional area with which the harm\noccasioned by a publication of matter has its closest connection, a\ncourt may take into account:\n(a) the place at the time of publication where the plaintiff was\nordinarily resident or, in the case of a corporation that may\nassert a cause of action for defamation, the place where the\ncorporation had its principal place of business at that time; and\n(b) the extent of publication in each relevant Australian\njurisdictional area; and\n(c) the extent of harm sustained by the plaintiff in each relevant\nAustralian jurisdictional area; and\n(d) any other matter that the court considers relevant.\n(4) For the purposes of this section, the substantive law applicable in\nan Australian jurisdictional area does not include any law\nprescribing rules for choice of law that differ from the rules\nprescribed by this section.\n(5) In this section:\nAustralian jurisdictional area means:\n(a) the geographical area of Australia that lies within the territorial\nlimits of a particular State (including its coastal waters), but not\nincluding any territory, place or other area referred to in\nparagraph (c); or\n\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\nDefamation Act 2006 13\n(b) the geographical area of Australia that lies within the territorial\nlimits of a particular Territory (including its coastal waters), but\nnot including any territory, place or other area referred to in\nparagraph (c); or\n(c) any territory, place or other geographical area of Australia\nover which the Commonwealth has legislative competence but\nover which no State or Territory has legislative competence.\nexternal Territory means a Territory, other than the Australian\nCapital Territory, the Jervis Bay Territory or the Northern Territory,\nfor the government of which as a Territory provision is made by a\nCommonwealth Act.\ngeographical area of Australia includes:\n(a) the territorial sea of Australia; and\n(b) any external Territory.\nJervis Bay Territory means the territory referred to in the Jervis\nBay Territory Acceptance Act 1915 (Cth).\nmultiple publication means publication by a particular person of\nthe same, or substantially the same, matter in substantially the\nsame form to 2 or more persons.\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\n11 Application of Division\n(1) This Division applies if a person (the publisher) publishes matter\n(the matter in question) that is, or may be, defamatory of another\nperson (the aggrieved person).\n(2) The provisions of this Division may be used instead of the\nprovisions of any rules of court or any other law in relation to\npayment into court or offers of compromise.\n(3) This Division does not prevent a publisher or aggrieved person from\nmaking or accepting a settlement offer in relation to the publication\nof the matter in question otherwise than in accordance with the\nprovisions of this Division.\n\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\nDefamation Act 2006 14\n11A Concerns notices\n(1) For the purpose of this Act, a notice is a concerns notice if:\n(a) the notice:\n(i) is in writing; and\n(ii) specifies the location where the matter in question can\nbe accessed; and\n(iii) informs the publisher of the defamatory imputations that\nthe aggrieved person considers are or may be carried\nabout the aggrieved person by the matter in question;\nand\n(iv) informs the publisher of the harm that the person\nconsiders to be serious harm to the person's reputation\ncaused, or likely to be caused, by the publication of the\nmatter in question; and\n(v) for an aggrieved person that is an excluded\ncorporation – also informs the publisher of the financial\nloss that the corporation considers to be serious financial\nloss caused, or likely to be caused, by the publication of\nthe matter in question; and\n(b) a copy of the matter in question is, if practicable, provided to\nthe publisher together with the notice.\nExample for subsection (1)(a)(ii)\nA webpage address.\n(2) To avoid doubt, a document that is required to be filed or lodged to\ncommence defamation proceedings cannot be used as a concerns\nnotice.\n(3) If a concerns notice fails to particularise adequately any of the\ninformation required by subsection (1)(a)(ii), (iii), (iv) or (v), the\npublisher may give the aggrieved person a written notice (a further\nparticulars notice) requesting that the aggrieved person provide\nreasonable further particulars as specified in the further particulars\nnotice about the information concerned.\n(4) An aggrieved person to whom a further particulars notice is given\nmust provide the reasonable further particulars specified in the\nnotice within 14 days (or any further period agreed by the publisher\nand aggrieved person) after being given the notice.\n\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\nDefamation Act 2006 15\n(5) An aggrieved person who fails to provide the reasonable further\nparticulars specified in a further particulars notice within the\napplicable period is taken not to have given the publisher a\nconcerns notice for the purposes of this section.\nNote for section 11A\nSection 11B requires a concerns notice to be given before proceedings for\ndefamation can be commenced.\n11B Defamation proceedings cannot be commenced without\nconcerns notice\n(1) An aggrieved person cannot commence defamation proceedings\nunless:\n(a) the person has given the proposed defendant a concerns\nnotice in respect of the matter concerned; and\n(b) the imputations to be relied on by the person in the proposed\nproceedings were particularised in the concerns notice; and\n(c) the applicable period for an offer to make amends has\nelapsed.\n(2) Subsection (1)(b) does not prevent reliance on:\n(a) some, but not all, of the imputations particularised in a\nconcerns notice; or\n(b) imputations that are substantially the same as those\nparticularised in a concerns notice.\n(3) The court may grant leave for proceedings to be commenced\ndespite non-compliance with subsection (1)(c), but only if the\nproposed plaintiff satisfies the court:\n(a) the commencement of proceedings after the end of the\napplicable period for an offer to make amends contravenes\nthe limitation law; or\n(b) it is just and reasonable to grant leave.\n(4) The commencement of proceedings contravenes the limitation law\nfor the purposes of subsection (3)(a) if the proceedings could not be\ncommenced after the end of the applicable period for an offer to\nmake amends because the court will have ceased to have power to\nextend the limitation period.\n\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\nDefamation Act 2006 16\n(5) In this section:\nlimitation law, see section 12(2)(b), Part III, Division 3 and Part V,\nDivision 3 of the Limitation Act 1981.\n12 Publisher may make offer to make amends\n(1) The publisher may make an offer to make amends to the aggrieved\nperson.\n(2) The offer may be:\n(a) in relation to the matter in question generally; or\n(b) limited to any particular defamatory imputations that the\npublisher accepts that the matter in question carries.\n(3) If 2 or more persons published the matter in question, an offer to\nmake amends by one or more of them does not affect the liability of\nthe other or others.\n(4) An offer to make amends is taken to have been made without\nprejudice unless the offer provides otherwise.\n13 When offer to make amends may be made\n(1) An offer to make amends cannot be made if:\n(a) the applicable period for an offer to make amends has\nexpired; or\n(b) a defence has been served in an action brought by the\naggrieved person against the publisher in relation to the\nmatter in question.\n(2) For the purposes of this Act, the applicable period for an offer to\nmake amends is:\n(a) if the aggrieved person has provided further particulars in\nresponse to a further particulars notice about a concerns\nnotice after 14 days have elapsed since the concerns notice\nwas given – 14 days since the publisher was given the further\nparticulars; or\n(b) in any other case – 28 days since the publisher was given a\nconcerns notice by the aggrieved person.\n(3) If a publisher gives more than one further particulars notice,\nsubsection (2)(a) applies only in respect of the first notice.\n\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\nDefamation Act 2006 17\n14 Content of offer to make amends\n(1) An offer to make amends:\n(a) must be in writing; and\n(b) must be readily identifiable as an offer to make amends under\nthis Division; and\n(ba) must provide for the offer to be open for acceptance for at\nleast 28 days commencing on the day the offer is made; and\n(c) if the offer is limited to any particular defamatory imputations –\nmust state that the offer is so limited and particularise the\nimputations to which the offer is limited; and\n(d) must include an offer to publish, or join in publishing, a\nreasonable correction of, or a clarification of or additional\ninformation about, the matter in question or, if the offer is\nlimited to any particular defamatory imputations, the\nimputations to which the offer is limited; and\n(e) if material containing the matter has been given to someone\nelse by the publisher or with the publisher's knowledge – must\ninclude an offer to take, or join in taking, reasonable steps to\ntell the other person that the matter is or may be defamatory of\nthe aggrieved person; and\n(f) must include an offer to pay the expenses reasonably incurred\nby the aggrieved person before the offer was made and the\nexpenses reasonably incurred by the aggrieved person in\nconsidering the offer.\n(1A) In addition to the matters referred to in subsection (1), an offer to\nmake amends may include any other kind of offer, or particulars of\nany other action taken by the publisher, to redress the harm\nsustained by the aggrieved person because of the matter in\nquestion, including (but not limited to):\n(a) an offer to publish, or join in publishing, an apology in relation\nto the matter in question or, if the offer is limited to any\nparticular defamatory imputations, the imputations to which\nthe offer is limited; or\n(b) if the matter is digital matter – an offer to take access\nprevention steps in relation to the matter; or\n(c) an offer to pay compensation for any economic or\nnon-economic loss of the aggrieved person; or\n\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\nDefamation Act 2006 18\n(d) the particulars of any correction or apology made, or action\ntaken, before the date of the offer.\n(1B) If the matter in question is digital matter, an offer to take access\nprevention steps may be made instead of, or in addition to, either or\nboth of the offers mentioned in subsection (1)(d) and (e).\n(2) Without limiting subsection (1A)(c), an offer to pay compensation\nmay comprise or include any one or more of the following:\n(a) an offer to pay a stated amount;\n(b) an offer to pay an amount to be agreed between the publisher\nand the aggrieved person;\n(c) an offer to pay an amount determined by an arbitrator\nappointed, or agreed on, by the publisher and the aggrieved\nperson;\n(d) an offer to pay an amount determined by a court.\n(3) If an offer to make amends is accepted, a court may, on the\napplication of the aggrieved person or publisher, determine:\n(a) if the offer provides for a court to determine the amount of\ncompensation payable under the offer – the amount of\ncompensation to be paid under the offer; and\n(b) any other question that arises about what must be done to\ncarry out the terms of the offer.\n(4) The powers conferred on a court by subsection (3) are exercisable:\n(a) if the aggrieved person has brought proceedings against the\npublisher in any court for defamation in relation to the matter\nin question – by that court in those proceedings; and\n(b) except as provided in paragraph (a), by the Supreme Court.\n15 Withdrawal of offer to make amends\n(1) An offer to make amends may be withdrawn before it is accepted\nby notice in writing given to the aggrieved person.\n(2) A publisher who has withdrawn an offer to make amends may make\na renewed offer.\n(3) A renewed offer may (but need not) be in the same terms as the\nwithdrawn offer.\n\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\nDefamation Act 2006 19\n(4) A renewed offer is to be treated as a new offer (including for the\npurposes of section 13).\n(5) However, the time limit specified in section 13 for the making of\noffers to make amends does not prevent the making of a renewed\noffer that is not in the same terms as the withdrawn offer if:\n(a) the renewed offer represents a genuine attempt by the\npublisher to address matters of concern raised by the\naggrieved person about the withdrawn offer; and\n(b) the renewed offer is made within 14 days after the withdrawal\nof the withdrawn offer or any other period agreed by the\npublisher and the aggrieved person.\n16 Effect of acceptance of offer to make amends\n(1) If the publisher carries out the terms of an offer to make amends\n(including payment of any compensation under the offer) that is\naccepted, the aggrieved person cannot assert, continue or enforce\nan action for defamation against the publisher in relation to the\nmatter in question even if the offer was limited to any particular\ndefamatory imputations.\n(2) A court may (but need not):\n(a) order the publisher to pay the aggrieved person the expenses\nreasonably incurred by the aggrieved person as a result of\naccepting the offer; and\n(b) order any costs incurred by the aggrieved person that form\npart of those expenses to be assessed on an indemnity basis.\n(3) The powers conferred on a court by subsection (2) are exercisable:\n(a) if the aggrieved person has brought proceedings against the\npublisher in any court for defamation in relation to the matter\nin question – by that court in those proceedings; and\n(b) except as provided in paragraph (a), by the Supreme Court.\n\nPart 3 Resolution of civil disputes without litigation\nDivision 1 Concerns notices and offers to make amends\nDefamation Act 2006 20\n17 Effect of failure to accept reasonable offer to make amends\n(1) If an offer to make amends is made in relation to the matter in\nquestion but is not accepted, it is a defence to an action for\ndefamation against the publisher in relation to the matter if:\n(a) the publisher made the offer as soon as reasonably\npracticable after the publisher was given a concerns notice in\nrespect of the matter (and, in any event, within the applicable\nperiod for an offer to make amends); and\n(b) the publisher was ready and willing, on acceptance of the offer\nby the aggrieved person, to carry out the terms of the offer;\nand\n(c) in all the circumstances the offer was reasonable.\n(2) In determining whether an offer to make amends is reasonable, a\ncourt:\n(a) must have regard to any correction or apology published\nbefore any trial arising out of the matter in question, including\nthe extent to which the correction or apology is brought to the\nattention of the audience of the matter in question taking into\naccount:\n(i) the prominence given to the correction or apology as\npublished in comparison to the prominence given to the\nmatter in question as published; and\n(ii) the period that elapses between publication of the matter\nin question and publication of the correction or apology;\nand\n(b) may have regard to:\n(i) whether the aggrieved person refused to accept an offer\nthat was limited to any particular defamatory imputations\nbecause the aggrieved person did not agree with the\npublisher about the imputations that the matter in\nquestion carried; and\n(ii) any other matter that the court considers relevant.\n\nPart 3 Resolution of civil disputes without litigation\nDivision 2 Apologies\nDefamation Act 2006 21\n18 Inadmissibility of evidence of certain statements and\nadmissions\n(1) Evidence of any statement or admission made in connection with\nthe making or acceptance of an offer to make amends is not\nadmissible as evidence in any legal proceedings (whether criminal\nor civil).\n(2) Subsection (1) does not prevent the admission of evidence in any\nlegal proceedings in order to determine:\n(a) any issue arising under, or relating to the application of, a\nprovision of this Division; or\n(b) costs in defamation proceedings.\nDivision 2 Apologies\n19 Effect of apology on liability for defamation\n(1) An apology made by or on behalf of a person in connection with\nany defamatory matter alleged to have been published by the\nperson:\n(a) does not constitute an express or implied admission of fault or\nliability by the person in connection with that matter; and\n(b) is not relevant to the determination of fault or liability in\nconnection with that matter.\n(2) Evidence of an apology made by or on behalf of a person in\nconnection with any defamatory matter alleged to have been\npublished by the person is not admissible in any civil proceedings\nas evidence of the fault or liability of the person in connection with\nthat matter.\n(3) Nothing in this section limits the operation of section 35.\n\nPart 4 Litigation of civil disputes\nDivision 1 General\nDefamation Act 2006 22\nPart 4 Litigation of civil disputes\nDivision 1 General\n20 Leave required for multiple proceedings in relation to\npublication of same defamatory matter\n(1) This section applies to a person who has brought defamation\nproceedings for damages, whether in this jurisdiction or elsewhere,\nagainst a person (a previous defendant) in relation to the\npublication of a matter.\n(2) The person may not bring further defamation proceedings for\ndamages against a previous defendant or an associate of a\nprevious defendant in relation to the same or any other publication\nof the same or like matter, except with the leave of the court in\nwhich the further proceedings are to be brought.\n(3) A person is an associate of a previous defendant if, at the time of\nthe publication to which the previous defamation proceedings\nrelated, the person was:\n(a) an employee of the defendant; or\n(b) a person publishing matter as a contractor of the defendant; or\n(c) an associated entity of the defendant (or an employee or\ncontractor of the associated entity).\n20A Orders for preliminary discovery about posters of digital\nmatter\n(1) This section applies if the court procedure law for a court allows a\nperson seeking to bring defamation proceedings for the publication\nof digital matter to obtain an order for, or in the nature of,\npreliminary discovery for either or both of the following purposes:\n(a) to obtain information to assist in identifying the posters of the\nmatter;\n(b) to obtain information to assist in locating physical or digital\naddresses for the posters of the matter to allow concerns\nnotices to be given to them or defamation proceedings against\nthem to be commenced.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 23\n(2) Despite anything to the contrary in the court procedure law for a\ncourt, the court must take the following matters into account before\nmaking an order mentioned in subsection (1):\n(a) the objects of this Act;\n(b) privacy, safety or other public interest considerations that may\narise if the order is made.\nExample for subsection 2(b)\nEvidence suggesting the poster of digital matter is in fear of domestic violence\nfrom the person seeking an order to obtain the poster's address.\n(3) This section does not limit the matters the court may take into\naccount before making an order mentioned in subsection (1).\n(4) In this section:\ncourt procedure law, for a court, means:\n(a) rules of court for the court; or\n(b) an Act or other legislation that regulates the practice or\nprocedure of the court; or\n(c) the general law concerning the inherent or implied jurisdiction\nor powers of the court.\nDivision 2 Defences\n21 Scope of defences under general law and other law not limited\n(1) A defence under this Division is additional to any other defence or\nexclusion of liability available to the defendant apart from this Act\n(including under the general law) and does not of itself vitiate, limit\nor abrogate any other defence or exclusion of liability.\n(2) If a defence under this Division to the publication of defamatory\nmatter may be defeated by proof that the publication was actuated\nby malice, the general law applies in defamation proceedings in\nwhich the defence is raised to determine whether a particular\npublication of matter was actuated by malice.\n22 Defence of justification\nIt is a defence to the publication of defamatory matter if the\ndefendant proves that the defamatory imputations carried by the\nmatter of which the plaintiff complains are substantially true.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 24\n23 Defence of contextual truth\n(1) It is a defence to the publication of defamatory matter if the\ndefendant proves that:\n(a) the matter carried one or more imputations that are\nsubstantially true (contextual imputations); and\n(b) any defamatory imputations of which the plaintiff complains\nthat are not contextual imputations and are also carried by the\nmatter do not further harm the reputation of the plaintiff\nbecause of the substantial truth of the contextual imputations.\n(2) The contextual imputations on which the defendant may rely to\nestablish the defence include imputations of which the plaintiff\ncomplains.\n24 Defence of absolute privilege\n(1) It is a defence to the publication of defamatory matter if the\ndefendant proves that it was published on an occasion of absolute\nprivilege.\n(2) Without limiting subsection (1), matter is published on an occasion\nof absolute privilege if:\n(a) the matter is published in the course of the proceedings of a\nparliamentary body, including (but not limited to):\n(i) the publication of a document by order, or under the\nauthority, of the body; and\n(ii) the publication of the debates and proceedings of the\nbody by or under the authority of the body or any law;\nand\n(iii) the publication of matter while giving evidence before the\nbody; and\n(iv) the publication of matter while presenting or submitting a\ndocument to the body; or\n(b) the matter is published in the course of the proceedings of an\nAustralian court or Australian tribunal, including (but not\nlimited to):\n(i) the publication of matter in any document filed or lodged\nwith, or otherwise submitted to, the court or tribunal\n(including any originating process); and\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 25\n(ii) the publication of matter while giving evidence before the\ncourt or tribunal; and\n(iii) the publication of matter in any judgment, order or other\ndetermination of the court or tribunal; or\n(ba) the matter is published to a person who, at the time of the\npublication, is an official of a police force or service of an\nAustralian jurisdiction and it is published to the official while\nthe official is acting in an official capacity; or\n(c) the matter is published on an occasion that, if published in\nanother Australian jurisdiction, would be an occasion of\nabsolute privilege in that jurisdiction under a provision of a law\nof the jurisdiction corresponding to this section; or\n(d) the matter is published by a person or body in any\ncircumstances specified in Schedule 1.\n(3) In this section:\nofficial, of a police force or service of an Australian jurisdiction\nmeans:\n(a) an officer, employee or member of staff of the police force or\nservice; or\n(b) another person engaged to act for or on behalf of the police\nforce or service.\n25 Defence for publication of public documents\n(1) It is a defence to the publication of defamatory matter if the\ndefendant proves that the matter was contained in:\n(a) a public document or a fair copy of a public document; or\n(b) a fair summary of, or a fair extract from, a public document.\n(2) For the purposes of subsection (1), if a report or other document\nunder the law of a country would be a public document except for\nnon-compliance with a provision of that law about:\n(a) the formal requirements for the content or layout of the report\nor document; or\n(b) the time within which the report or document is prepared, or\npresented, submitted, tabled or laid to or before a person or\nbody,\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 26\nthe report or document is a public document despite that non-\ncompliance.\n(3) A defence established under subsection (1) is defeated if, and only\nif, the plaintiff proves that the defamatory matter was not published\nhonestly for the information of the public or the advancement of\neducation.\n(4) In this section:\npublic document means:\n(a) any report or paper published by a parliamentary body, or a\nrecord of votes, debates or other proceedings relating to a\nparliamentary body published by or under the authority of the\nbody or any law; or\n(b) any judgment, order or other determination of a court or\narbitral tribunal of any country in civil proceedings and\nincluding:\n(i) any record of the court or tribunal relating to the\njudgment, order or determination or to its enforcement or\nsatisfaction; and\n(ii) any report of the court or tribunal about its judgment,\norder or determination and the reasons for its judgment,\norder or determination; or\n(c) any report or other document that under the law of any\ncountry:\n(i) is authorised to be published; or\n(ii) is required to be presented or submitted to, tabled in, or\nlaid before, a parliamentary body; or\n(d) any document issued by the government (including a local\ngovernment) of a country, or by an officer, employee or\nagency of the government, for the information of the public; or\n(e) any record or other document open to inspection by the public\nthat is kept:\n(i) by an Australian jurisdiction; or\n(ii) by a statutory authority of an Australian jurisdiction; or\n(iii) by an Australian court; or\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 27\n(iv) under legislation of an Australian jurisdiction; or\n(f) any other document issued, kept or published by a person,\nbody or organisation of another Australian jurisdiction that is\ntreated in that jurisdiction as a public document under a\nprovision of a law of the jurisdiction corresponding to this\nsection; or\n(g) any document of a kind specified in Schedule 2.\n26 Defences of fair report of proceedings of public concern\n(1) It is a defence to the publication of defamatory matter if the\ndefendant proves that the matter was, or was contained in, a fair\nreport of any proceedings of public concern.\n(2) It is a defence to the publication of defamatory matter if the\ndefendant proves that:\n(a) the matter was, or was contained in, an earlier published\nreport of proceedings of public concern; and\n(b) the matter was, or was contained in, a fair copy of, a fair\nsummary of, or a fair extract from, the earlier published report;\nand\n(c) the defendant had no knowledge that would reasonably make\nthe defendant aware that the earlier published report was not\nfair.\n(3) A defence established under subsection (1) or (2) is defeated if,\nand only if, the plaintiff proves that the defamatory matter was not\npublished honestly for the information of the public or the\nadvancement of education.\n(4) In this section:\nproceedings of public concern means:\n(a) any proceedings in public of a parliamentary body; or\n(b) any proceedings in public of an international organisation of\nany countries or of the governments of any countries; or\n(c) any proceedings in public of an international conference at\nwhich the governments of any countries are represented; or\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 28\n(d) any proceedings in public of:\n(i) the International Court of Justice, or any other judicial or\narbitral tribunal, for the decision of any matter in dispute\nbetween nations; or\n(ii) any other international judicial or arbitral tribunal; or\n(e) any proceedings in public of a court or arbitral tribunal of any\ncountry; or\n(f) any proceedings in public of an inquiry held under the law of\nany country or under the authority of the government of any\ncountry; or\n(g) any proceedings in public of a local government body of any\nAustralian jurisdiction; or\n(h) proceedings of a learned society, or of a committee or\ngoverning body of the society, under its relevant objects, but\nonly to the extent that the proceedings relate to a decision or\nadjudication made in Australia about:\n(i) a member or members of the society; or\n(ii) a person subject by contract or otherwise by law to\ncontrol by the society; or\n(i) proceedings of a sport or recreation association, or of a\ncommittee or governing body of the association, under its\nrelevant objects, but only to the extent that the proceedings\nrelate to a decision or adjudication made in Australia about:\n(i) a member or members of the association; or\n(ii) a person subject by contract or otherwise by law to\ncontrol by the association; or\n(j) proceedings of a trade association, or of a committee or\ngoverning body of the association, under its relevant objects,\nbut only to the extent that the proceedings relate to a decision\nor adjudication made in Australia about:\n(i) a member or members of the association; or\n(ii) a person subject by contract or otherwise by law to\ncontrol by the association; or\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 29\n(k) any proceedings of a public meeting (with or without restriction\non the people attending) of shareholders of a public company\nunder the Corporations Act 2001 held anywhere in Australia;\nor\n(l) any proceedings of a public meeting (with or without restriction\non the people attending) held anywhere in Australia if the\nproceedings relate to a matter of public interest, including the\nadvocacy or candidature of a person for public office; or\n(m) any proceedings of an ombudsman of any country if the\nproceedings relate to a report of the ombudsman; or\n(n) any proceedings in public of a law reform body of any country;\nor\n(o) any other proceedings conducted by, or proceedings of, a\nperson, body or organisation of another Australian jurisdiction\nthat are treated in that jurisdiction as proceedings of public\nconcern under a provision of a law of the jurisdiction\ncorresponding to this section; or\n(p) any proceedings of a kind specified in Schedule 3.\n(5) In this section:\nlaw reform body, of a country, means a body (however described\nand whether or not permanent or full-time) established by law to\nconduct inquiries into, and to make recommendations on, reforming\nthe laws of that country.\nlearned society means a body, wherever formed:\n(a) the objects of which include the advancement of any art,\nscience or religion or the advancement of learning in any field;\nand\n(b) authorised by its constitution:\n(i) to exercise control over, or adjudicate on, matters\nconnected with those objects; and\n(ii) to make findings or decisions having effect, by law or\ncustom, in any part of Australia.\nombudsman, of a country, means a person (however described\nand whether or not permanent or full-time) authorised by law to\ninvestigate complaints about the actions or other conduct of any\npublic officials or public bodies of that country.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 30\nrelevant objects, of a learned society, sport or recreation\nassociation or trade association, means:\n(a) for a learned society – objects of the kind referred to in\nparagraph (a) of the definition of learned society in this\nsubsection; or\n(b) for a sport or recreation association – objects of the kind\nreferred to in paragraph (a) of the definition of sport or\nrecreation association in this subsection; or\n(c) for a trade association – objects of the kind referred to in\nparagraph (a) of the definition of trade association in this\nsubsection.\nsport or recreation association means a body, wherever formed:\n(a) the objects of which include the promotion of any game, sport,\nor pastime to the playing of which or exercise of which the\npublic is admitted as spectators or otherwise and the\npromotion or protection of the interests of people connected\nwith the game, sport, or pastime; and\n(b) authorised by its constitution:\n(i) to exercise control over, or adjudicate on, matters\nconnected with the game, sport, or pastime; and\n(ii) to make findings or decisions having effect, by law or\ncustom, in any part of Australia.\ntrade association means a body, wherever formed:\n(a) the objects of which include the promotion of any calling, that\nis to say, a trade, business, industry or profession and the\npromotion or protection of the interests of people engaged in\nany calling; and\n(b) authorised by its constitution:\n(i) to exercise control over, or adjudicate on, matters\nconnected with a calling or the conduct of people\nengaged in the calling; and\n(ii) to make findings or decisions having effect, by law or\ncustom, in any part of Australia.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 31\n26A Defence of publication of matter concerning issue of public\ninterest\n(1) It is a defence to the publication of defamatory matter if the\ndefendant proves that:\n(a) the matter concerns an issue of public interest; and\n(b) the defendant reasonably believed that the publication of the\nmatter was in the public interest.\n(2) In determining whether the defence is established, a court must\ntake into account all of the circumstances of the case.\n(3) Without limiting subsection (2), the court may take into account the\nfollowing factors to the extent the court considers them applicable in\nthe circumstances:\n(a) the seriousness of any defamatory imputation carried by the\nmatter published;\n(b) the extent to which the matter published distinguishes\nbetween suspicions, allegations and proven facts;\n(c) the extent to which the matter published relates to the\nperformance of the public functions or activities of the person;\n(d) whether it was in the public interest in the circumstances for\nthe matter to be published expeditiously;\n(e) the sources of the information in the matter published,\nincluding the integrity of the sources;\n(f) if a source of the information in the matter published is a\nperson whose identity is being kept confidential, whether there\nis good reason for the person's identity to be kept confidential;\n(g) whether the matter published contained the substance of the\nperson's side of the story and, if not, whether a reasonable\nattempt was made by the defendant to obtain and publish a\nresponse from the person;\n(h) any other steps taken to verify the information in the matter\npublished;\n(i) the importance of freedom of expression in the discussion of\nissues of public interest.\nExample for subsection (3)(f)\nTo comply with an applicable professional code or standard.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 32\n(4) Subsection (3) does not:\n(a) require each factor referred to in that subsection to be taken\ninto account; or\n(b) limit the matters that the court may take into account.\n27 Defence of qualified privilege for provision of certain\ninformation\n(1) There is a defence of qualified privilege for the publication of\ndefamatory matter to a person (the recipient) if the defendant\nproves that:\n(a) the recipient has an interest or apparent interest in having\ninformation on some subject; and\n(b) the matter is published to the recipient in the course of giving\nto the recipient information on that subject; and\n(c) the conduct of the defendant in publishing that matter is\nreasonable in the circumstances.\n(2) For the purposes of subsection (1), a recipient has an apparent\ninterest in having information on some subject if, and only if, at the\ntime of the publication in question, the defendant believes on\nreasonable grounds that the recipient has that interest.\n(3) In determining for the purposes of subsection (1) whether the\nconduct of the defendant in publishing matter about a person is\nreasonable in the circumstances, a court may take into account the\nfollowing factors to the extent the court considers them applicable in\nthe circumstances:\n(a) the seriousness of any defamatory imputation carried by the\nmatter published;\n(b) the extent to which the matter published distinguishes\nbetween suspicions, allegations and proven facts;\n(c) the nature of the business environment in which the defendant\noperates;\n(d) whether it was appropriate in the circumstances for the matter\nto be published expeditiously;\n(e) any other steps taken to verify the information in the matter\npublished.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 33\n(3A) Subsection (3) does not:\n(a) require each factor referred to in that subsection to be taken\ninto account; or\n(b) limit the matters that the court may take into account.\n(3B) It is not necessary to prove that the matter published concerned an\nissue of public interest to establish the defence of qualified privilege\nunder subsection (1).\n(4) To avoid doubt, a defence of qualified privilege under\nsubsection (1) is defeated if the plaintiff proves that the publication\nof the defamatory matter was actuated by malice.\n(5) However, a defence of qualified privilege under subsection (1) is\nnot defeated merely because the defamatory matter was published\nfor reward.\n27A Defence of scientific or academic peer review\n(1) It is a defence to the publication of defamatory matter if the\ndefendant proves that:\n(a) the matter was published in a scientific or academic journal\n(whether published in electronic form or otherwise); and\n(b) the matter relates to a scientific or academic issue; and\n(c) an independent review of the matter's scientific or academic\nmerit was carried out before the matter was published in the\njournal by:\n(i) the editor of the journal if the editor has expertise in the\nscientific or academic issue concerned; or\n(ii) one or more persons with expertise in the scientific or\nacademic issue concerned.\n(2) If there is a defence to the publication of defamatory matter in a\nscientific or academic journal because of subsection (1), there is\nalso a defence to the publication of any assessment of the matter in\nthe same journal if the defendant proves that:\n(a) the assessment was written by one or more of the persons\nwho carried out the independent review of the matter; and\n(b) the assessment was written in the course of that review.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 34\n(3) It is a defence to the publication of defamatory matter if the\ndefendant proves that the matter was contained in a fair summary\nof, or fair extract from, a matter or assessment for which there is a\ndefence because of subsection (1) or (2).\n(4) If a journal has more than one editor, a reference in this section to\nthe editor of the journal is to be read as a reference to the editor or\neditors who were responsible for deciding to publish the matter\nconcerned.\n(5) A defence established under this section is defeated if, and only if,\nthe plaintiff proves that the defamatory matter or assessment was\nnot published honestly for the information of the public or the\nadvancement of education.\n28 Defences of honest opinion\n(1) It is a defence to the publication of defamatory matter if the\ndefendant proves that:\n(a) the matter was an expression of opinion of the defendant\nrather than a statement of fact; and\n(b) the opinion related to a matter of public interest; and\n(c) the opinion is based on proper material.\n(2) It is a defence to the publication of defamatory matter if the\ndefendant proves that:\n(a) the matter was an expression of opinion of an employee or\nagent of the defendant rather than a statement of fact; and\n(b) the opinion related to a matter of public interest; and\n(c) the opinion is based on proper material.\n(3) It is a defence to the publication of defamatory matter if the\ndefendant proves that:\n(a) the matter was an expression of opinion of a person (the\ncommentator), other than the defendant or an employee or\nagent of the defendant, rather than a statement of fact; and\n(b) the opinion related to a matter of public interest; and\n(c) the opinion is based on proper material.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 35\n(4) A defence established under this section is defeated if, and only if,\nthe plaintiff proves that:\n(a) in the case of a defence under subsection (1) – the opinion\nwas not honestly held by the defendant at the time the\ndefamatory matter was published; or\n(b) in the case of a defence under subsection (2) – the defendant\ndid not believe that the opinion was honestly held by the\nemployee or agent at the time the defamatory matter was\npublished; or\n(c) in the case of a defence under subsection (3) – the defendant\nhad reasonable grounds to believe that the opinion was not\nhonestly held by the commentator at the time the defamatory\nmatter was published.\n(5) For the purposes of this section, an opinion is based on proper\nmaterial if:\n(a) the material on which it is based is:\n(i) set out in specific or general terms in the published\nmatter; or\n(ii) notorious; or\n(iii) accessible from a reference, link or other access point\nincluded in the matter; or\n(iv) otherwise apparent from the context in which the matter\nis published; and\n(b) the material:\n(i) is substantially true; or\n(ii) was published on an occasion of absolute or qualified\nprivilege (whether under this Act or at general law); or\n(iii) was published on an occasion that attracted the\nprotection of a defence under this section or section 25\nor 26.\nExample for subsection (5)(a)(iii)\nA hyperlink on a webpage.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 36\n(6) An opinion does not cease to be based on proper material only\nbecause some of the material on which it is based is not proper\nmaterial if the opinion might reasonably be based on such of the\nmaterial as is proper material.\n28A Defence for publications involving digital intermediaries\n(1) It is a defence to the publication of defamatory digital matter if the\ndefendant proves:\n(a) the defendant was a digital intermediary in relation to the\npublication; and\n(b) the defendant had, at the time of the publication, an\naccessible complaints mechanism for the plaintiff to use; and\n(c) if the plaintiff gave the defendant a written complaint under\nthis section about the publication – reasonable access\nprevention steps, if steps were available, were taken in\nrelation to the publication, whether before the complaint was\ngiven or within 7 days after the complaint was given.\nNotes for subsection (1)\n1 The defendant is not required to prove paragraph (c) to establish the defence\nif the plaintiff has not given the defendant a complaint about the publication\nunder this section. Subsection (3) sets out requirements for giving\ncomplaints.\n2 Subsection (6) defines accessible complaints mechanism.\n(2) For subsection (1)(c), reasonable access prevention steps were\ntaken in relation to the publication of digital matter if:\n(a) for access prevention steps taken by the defendant – the\nsteps taken were reasonable for the defendant to take in the\ncircumstances; or\n(b) for access prevention steps taken by another person – it was\nreasonable for the defendant not to take steps because of the\nsteps already taken.\n(3) A written complaint is given under this section about the publication\nof defamatory digital matter if:\n(a) the complaint contained information sufficient to enable a\nreasonable person in the defendant’s circumstances to be\nmade aware of the following:\n(i) the name of the plaintiff;\n(ii) the matter and where it could be located;\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 37\n(iii) that the plaintiff considered the matter to be defamatory;\nand\n(b) the complaint was given using an accessible complaints\nmechanism for the plaintiff to use or given to the defendant in\nanother way permitted by section 41.\n(4) A defence under this section is defeated only if the plaintiff proves\nthe defendant was actuated by malice in establishing or providing\nthe online service by means of which the digital matter was\npublished.\n(5) A defendant who would otherwise be a digital intermediary in\nrelation to the publication of digital matter does not cease to be a\ndigital intermediary for this section merely because the defendant\ntook steps to detect or identify, or steps to remove, block, disable or\notherwise prevent access by persons to, the following:\n(a) defamatory or other unlawful content published, or sought to\nbe published, by a person using the online service provided by\nthe defendant;\n(b) other content published, or sought to be published, by a\nperson using the online service provided by the defendant that\nwas incompatible with the terms or conditions under which the\nservice was provided.\nNote for subsection (5)\nThis subsection allows a defendant to rely on the defence, despite the definition\nof digital intermediary in section 3 excluding authors, originators or posters of\ndigital matter, if the defendant's editorial or moderating role over content\npublished using the online service was limited to the steps mentioned in this\nsubsection.\n(6) In this section:\naccessible complaints mechanism, for a plaintiff to use, means\nan easily accessible address, location or other mechanism\navailable for the plaintiff to use to complain to the defendant about\nthe publication of the digital matter concerned.\nExamples for definition accessible complaints mechanism\n1 An email address or direct messaging address to which a complaint may be\nsent.\n2 A webpage, or a part of a webpage, enabling details about a complaint to be\nuploaded or inputted.\n\nPart 4 Litigation of civil disputes\nDivision 2 Defences\nDefamation Act 2006 38\n29 Defence of innocent dissemination\n(1) It is a defence to the publication of defamatory matter if the\ndefendant proves that:\n(a) the defendant published the matter merely in the capacity, or\nas an employee or agent, of a subordinate distributor; and\n(b) the defendant neither knew, nor ought reasonably to have\nknown, that the matter was defamatory; and\n(c) the defendant's lack of knowledge was not due to any\nnegligence on the part of the defendant.\n(2) For the purposes of subsection (1)(a), a person is a subordinate\ndistributor of defamatory matter if the person:\n(a) was not the first or primary distributor of the matter; and\n(b) was not the author or originator of the matter; and\n(c) did not have any capacity to exercise editorial control over the\ncontent of the matter (or over the publication of the matter)\nbefore it was first published.\n(3) Without limiting subsection (2)(a), a person is not the first or primary\ndistributor of matter merely because the person was involved in the\npublication of the matter in the capacity of:\n(a) a bookseller, newsagent or news-vendor; or\n(b) a librarian; or\n(c) a wholesaler or retailer of the matter; or\n(d) a provider of postal or similar services by means of which the\nmatter is published; or\n(e) a broadcaster of a live programme (whether on television,\nradio or otherwise) containing the matter in circumstances in\nwhich the broadcaster has no effective control over the person\nwho makes the statements that comprise the matter; or\n(f) a provider of services consisting of:\n(i) the processing, copying, distributing or selling of any\nelectronic medium in or on which the matter is recorded;\nor\n\nPart 4 Litigation of civil disputes\nDivision 3 Remedies\nDefamation Act 2006 39\n(ii) the operation of, or the provision of any equipment,\nsystem or service, by means of which the matter is\nretrieved, copied, distributed or made available in\nelectronic form; or\n(g) an operator of, or a provider of access to, a communications\nsystem by means of which the matter is transmitted, or made\navailable, by another person over whom the operator or\nprovider has no effective control; or\n(h) a person who, on the instructions or at the direction of another\nperson, prints or produces, reprints or reproduces or\ndistributes the matter for or on behalf of that other person.\nDivision 3 Remedies\n31 Damages to bear rational relationship to harm\nIn determining the amount of damages to be awarded in any\ndefamation proceedings, the court is to ensure there is an\nappropriate and rational relationship between the harm sustained\nby the plaintiff and the amount of damages awarded.\n32 Damages for non-economic loss limited\n(1) The maximum amount of damages for non-economic loss that may\nbe awarded in defamation proceedings is $250 000 or any other\namount adjusted in accordance with this section from time to time\n(the maximum damages amount) that is applicable at the time\ndamages are awarded.\n(2) The maximum damages amount is to be awarded only in a most\nserious case.\n(2A) Subsection (1) does not limit the court's power to award aggravated\ndamages if an award of aggravated damages is warranted in the\ncircumstances.\n(2B) An award of aggravated damages is to be made separately to any\naward of damages for non-economic loss to which subsection (1)\napplies.\n(3) The Minister must, on or before 1 July 2006 and on or before 1 July\nin each succeeding year, declare, by order published in the\nGazette, the amount that is to apply, as from the date specified in\nthe order, for the purposes of subsection (1).\n(4) The amount declared is to be the amount applicable under\nsubsection (1) (or that amount as last adjusted under this section)\n\nPart 4 Litigation of civil disputes\nDivision 3 Remedies\nDefamation Act 2006 40\nadjusted by the percentage change in the amount estimated by the\nAustralian Statistician of the average weekly total earnings of full-\ntime adults in Australia over the 4 quarters preceding the date of\nthe declaration for which those estimates are, at that date,\navailable.\n(5) An amount declared for the time being under this section applies to\nthe exclusion of the amount of $250 000 or an amount previously\nadjusted under this section.\n(6) If the Australian Statistician fails or ceases to estimate the amount\nreferred to in subsection (4), the amount declared is to be\ndetermined in accordance with the Regulations.\n(7) In adjusting an amount to be declared for the purposes of\nsubsection (1), the amount determined in accordance with\nsubsection (4) is to be rounded to the nearest $500.\n(8) A declaration made or published in the Gazette after 1 July in a\nyear and specifying a date that is before the date it is made or\npublished as the date from which the amount declared by the order\nis to apply has effect as from that specified date.\n33 State of mind of defendant generally not relevant to awarding\ndamages\nIn awarding damages for defamation, the court is to disregard the\nmalice or other state of mind of the defendant at the time of the\npublication of the defamatory matter to which the proceedings\nrelate or at any other time except to the extent that the malice or\nother state of mind affects the harm sustained by the plaintiff.\n34 Exemplary or punitive damages cannot be awarded\nA plaintiff cannot be awarded exemplary or punitive damages for\ndefamation.\n35 Factors in mitigation of damages\n(1) Evidence is admissible on behalf of the defendant, in mitigation of\ndamages for the publication of defamatory matter, that:\n(a) the defendant has made an apology to the plaintiff about the\npublication of the defamatory matter; or\n(b) the defendant has published a correction of the defamatory\nmatter; or\n\nPart 4 Litigation of civil disputes\nDivision 3 Remedies\nDefamation Act 2006 41\n(c) the plaintiff has already recovered damages for defamation in\nrelation to any other publication of matter having the same\nmeaning or effect as the defamatory matter; or\n(d) the plaintiff has brought proceedings for damages for\ndefamation in relation to any other publication of matter having\nthe same meaning or effect as the defamatory matter; or\n(e) the plaintiff has received or agreed to receive compensation\nfor defamation in relation to any other publication of matter\nhaving the same meaning or effect as the defamatory matter.\n(2) Subsection (1) does not operate to limit the matters that can be\ntaken into account by a court in mitigation of damages.\n36 Damages for multiple causes of action may be assessed as\nsingle sum\nIf the court in defamation proceedings finds for the plaintiff as to\nmore than one cause of action, the judicial officer may assess\ndamages in a single sum.\n36A Orders against non-party digital intermediaries concerning\ndefamatory digital matter\n(1) This section applies in relation to defamation proceedings for the\npublication of digital matter if:\n(a) the plaintiff has obtained judgment for defamation against the\ndefendant in the proceedings; or\n(b) a court has granted a temporary injunction or makes another\ntemporary order preventing the defendant from continuing to\npublish, or from republishing, the matter pending the\ndetermination of the proceedings; or\n(c) a court has granted a final injunction or makes another final\norder preventing the defendant from continuing to publish, or\nfrom republishing, the matter.\n(2) In defamation proceedings to which this section applies, the court\nmay order a digital intermediary who is not a party to the\nproceedings (a non-party digital intermediary) to take access\nprevention steps or other steps the court considers necessary in the\ncircumstances:\n(a) to prevent or limit the continued publication or republication of\nthe matter; or\n\nPart 4 Litigation of civil disputes\nDivision 4 Costs\nDefamation Act 2006 42\n(b) to comply with, or otherwise give effect to, the judgment,\ninjunction or other order mentioned in subsection (1).\n(3) Without limiting subsection (2), an order under this section may:\n(a) require one or more steps to be taken; or\n(b) require a step to be taken in relation to all, or only some, of the\nusers of an online service.\n(4) The court may not make an order under this section against a\nnon-party digital intermediary unless the intermediary has been\ngiven an opportunity to be heard about whether it is appropriate for\nthe order to be made.\n(5) Despite subsection (4), the court may make a temporary order\nwithout giving the non-party digital intermediary an opportunity to be\nheard about whether it is appropriate to make the order if the court\nconsiders it necessary in the circumstances for the order to be\nmade expeditiously pending a subsequent hearing concerning\nwhether a further temporary order or a final order should be made.\n(6) An order may be made under this section even if the non-party\ndigital intermediary is not, or may not be, liable for defamation,\nincluding because of a defence, for the publication of the digital\nmatter to which the defamation proceedings relate.\n(7) This section does not limit other powers the court may have apart\nfrom this section to grant injunctions or make other orders requiring\na non-party digital intermediary to take access prevention steps or\nother steps.\nDivision 4 Costs\n37 Costs in defamation proceedings\n(1) In awarding costs in defamation proceedings, the court may have\nregard to:\n(a) the way in which the parties to the proceedings conducted\ntheir cases (including any misuse of a party's superior\nfinancial position to hinder the early resolution of the\nproceedings); and\n(b) any other matters that the court considers relevant.\n\nPart 5 Miscellaneous matters\nDefamation Act 2006 43\n(2) Without limiting subsection (1), a court must (unless the interests of\njustice require otherwise):\n(a) if defamation proceedings are successfully brought by a\nplaintiff and costs in the proceedings are to be awarded to the\nplaintiff – order costs of and incidental to the proceedings to\nbe assessed on an indemnity basis if the court is satisfied the\ndefendant unreasonably failed to make a settlement offer or\nagree to a settlement offer proposed by the plaintiff; or\n(b) if defamation proceedings are unsuccessfully brought by a\nplaintiff and costs in the proceedings are to be awarded to the\ndefendant – order costs of and incidental to the proceedings to\nbe assessed on an indemnity basis if the court is satisfied the\nplaintiff unreasonably failed to accept a settlement offer made\nby the defendant.\n(3) In this section:\nsettlement offer means any offer to settle the proceedings made\nbefore the proceedings are determined, and includes an offer to\nmake amends (whether made before or after the proceedings are\ncommenced), that was a reasonable offer at the time it was made.\nPart 5 Miscellaneous matters\n38 Proof of publication\n(1) If a document appears to be printed or otherwise produced by\nmeans adapted for the production of numerous copies and there is\nin the document a statement to the effect that the document is\nprinted, produced, published or distributed by or for a particular\nperson, the statement is evidence in defamation proceedings that\nthe document was so printed, produced, published or distributed.\n(2) Evidence that a number or part of a document appearing to be a\nperiodical is printed, produced, published or distributed by or for a\nparticular person is evidence in defamation proceedings that a\ndocument appearing to be another number or part of the periodical\nwas so printed, produced, published or distributed.\n(3) In this section:\nperiodical includes any newspaper, review, magazine or other\nprinted document of which numbers or parts are published\nperiodically.\n\nPart 5 Miscellaneous matters\nDefamation Act 2006 44\n39 Proof of convictions for offences\n(1) If the question whether or not a person committed an offence is in\nquestion in defamation proceedings:\n(a) proof that the person was convicted of the offence by an\nAustralian court is conclusive evidence that the person\ncommitted the offence; and\n(b) proof that the person was convicted of the offence by a court\nof any country (other than an Australian court) or a court\nmartial of any country is evidence that the person committed\nthe offence.\n(2) For the purposes of this section, the contents of a document that is\nevidence of conviction of an offence, and the contents of an\ninformation, complaint, indictment, charge sheet or similar\ndocument on which a person is convicted of an offence, are\nadmissible in evidence to identify the facts on which the conviction\nis based.\n(3) Subsection (2) does not affect the admissibility of other evidence to\nidentify the facts on which the conviction is based.\n(4) In this section:\nconviction, for an offence, includes a finding of guilt, but does not\ninclude:\n(a) a conviction that has been set aside or quashed; or\n(b) a conviction for an offence for which a person has received a\npardon.\n40 Incriminating answers, documents or things\n(1) A person who is required to answer a question, or to discover or\nproduce a document or thing, in defamation proceedings is not\nexcused from answering the question or discovering or producing\nthe document or thing on the ground that the answer to the\nquestion or the discovery or production of the document or thing\nmight tend to incriminate the person of an offence of criminal\ndefamation.\n(2) However, any answer given to a question, or document or thing\ndiscovered or produced, by a natural person in compliance with the\nrequirement is not admissible in evidence against the person in\nproceedings for criminal defamation.\n\nPart 5 Miscellaneous matters\nDefamation Act 2006 45\n41 Giving of notices and other documents\n(1) For the purposes of this Act, a notice or other document may be\ngiven to a person (or a notice or other document may be served on\na person):\n(a) in the case of a natural person:\n(i) by delivering it to the person personally; or\n(ii) by sending it by post to the address specified by the\nperson for the giving or service of documents or, if no\nsuch address is specified, the residential or business\naddress of the person last known to the person giving or\nserving the document; or\n(iii) by sending it by facsimile transmission to the facsimile\nnumber of the person; or\n(iv) sending it by email, messaging or other electronic\ncommunication to an electronic address or location\nindicated by the person for giving documents to, or\nserving documents on, the person; or\n(b) in the case of a body corporate:\n(i) by leaving it with a person apparently of or above the\nage of 16 years at, or by sending it by post to, the head\noffice, a registered office or a principal office of the body\ncorporate or to an address specified by the body\ncorporate for the giving or service of documents; or\n(ii) by sending it by facsimile transmission to the facsimile\nnumber of the body corporate; or\n(iii) sending it by email, messaging or other electronic\ncommunication to an electronic address or location\nindicated by the body corporate for giving documents to,\nor serving documents on, the body corporate.\nExamples for subsection (1)(a)(iv) and (b)(iii)\n1 An email address or direct messaging address set out on an internet-based\nsocial media forum for contacting the administrator of the forum about content\non the forum.\n2 An email address or direct messaging address provided by the poster of\ndigital matter on an internet-based social media forum for contacting the\nposter about the content of the matter.\n3 A form on a website provided by a digital intermediary enabling a user to\ncontact the intermediary by filling in the form or uploading documents.\n\nPart 6 Repeals and transitional matters for Defamation Act 2006\nDefamation Act 2006 46\n(2) Nothing in this section affects the operation of any provision of a\nlaw or of the rules of a court authorising a document to be given to\nor served on a person in any other manner.\n42 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\nPart 6 Repeals and transitional matters for\nDefamation Act 2006\n43 Definitions\nIn this Part:\ncommencement date means the date on which this Part comes\ninto operation.\nrepealed Act means the Defamation Act 1938 as in force\nimmediately before the commencement date.\n44 Repeal\nThe Acts specified in Schedule 4 are repealed.\n45 Application of this Act\n(1) This Act applies to the publication of defamatory matter after the\ncommencement date, unless subsection (2) applies.\n(2) The provisions of this Act (other than this section) do not apply to a\ncause of action for the publication of defamatory matter that\naccrues after the commencement date (the post-commencement\naction) if:\n(a) the post-commencement action is one of 2 or more causes of\naction in proceedings commenced by a plaintiff; and\n(b) each cause of action in the proceedings accrues because of\nthe publication of the same, or substantially the same, matter\non separate occasions (whether by the same defendant or\nanother defendant); and\n\nPart 7 Transitional matters for Defamation Legislation Amendment Act 2025\nDivision 1 Part 2 of Defamation Legislation Amendment Act 2025\nDefamation Act 2006 47\n(c) one or more of the other causes of action in the proceedings\naccrued before the commencement date (a\npre-commencement action); and\n(d) the post-commencement action accrued no later than\n12 months after the date on which the earliest\npre-commencement action in the proceedings accrued.\n(3) The existing law of defamation continues to apply to the following\ncauses of action in the same way as it would have applied to those\ncauses of action had this Act not been enacted:\n(a) any cause of action that accrued before the commencement\ndate;\n(b) any post-commencement action to which the other provisions\nof this Act do not apply because of subsection (2).\n(4) In this section:\nexisting law of defamation means the law (including all relevant\nstatutory provisions and principles and rules of the general law) that\napplied in this jurisdiction to the determination of civil liability for the\npublication of defamatory matter immediately before the\ncommencement date.\n46 References to repealed Act\nIn an Act or document, a reference to the repealed Act or a\nprovision of that Act may, if the context permits, be taken to be a\nreference to this Act or the corresponding provision of this Act.\nPart 7 Transitional matters for Defamation Legislation\nAmendment Act 2025\nDivision 1 Part 2 of Defamation Legislation Amendment\nAct 2025\n47 Application of amendments\nAn amendment made to this Act by Part 2 of the Defamation\nLegislation Amendment Act 2025 applies only in relation to the\npublication of defamatory matter after the commencement of the\namendment.\n\nPart 7 Transitional matters for Defamation Legislation Amendment Act 2025\nDivision 2 Part 3, Division 2 of Defamation Legislation Amendment Act 2025\nDefamation Act 2006 48\nDivision 2 Part 3, Division 2 of Defamation Legislation\nAmendment Act 2025\n48 Interpretation\n(1) In this Division:\namending Act means the Defamation Legislation Amendment\nAct 2025.\ncommencement means the commencement of Part 3, Division 2 of\nthe amending Act.\npost-commencement action means a cause of action for the\npublication of defamatory matter accruing after the commencement.\npre-commencement action means a cause of action for the\npublication of defamatory matter accruing before the\ncommencement.\n(2) In this Division, a reference to an amendment of this Act or to the\ncommencement of a provision of this Act includes a reference to\nany definition inserted by section 32 of the amending Act used in\nthe relevant amendment or provision.\n49 Application of digital intermediary amendments\nPart 2, Division 2A and section 29A do not apply to a\npost-commencement action if:\n(a) the post-commencement action is one of 2 or more causes of\naction in a proceeding commenced by a plaintiff; and\n(b) each cause of action in the proceeding accrues because of\nthe publication of the same, or substantially the same, matter\non separate occasions, whether by the same defendant or\nanother defendant; and\n(c) one or more of the other causes of action in the proceeding\nare pre-commencement actions; and\n(d) the post-commencement action accrued no later than\n12 months after the date on which the earliest\npre-commencement action in the proceeding accrued.\n\nPart 7 Transitional matters for Defamation Legislation Amendment Act 2025\nDivision 3 Part 3, Division 3 of Defamation Legislation Amendment Act 2025\nDefamation Act 2006 49\n50 Application of offers amendments\nThe amendments to section 14 by the amending Act apply to any\noffer to make amends made after the commencement, including an\noffer to make amends that relates to a publication before the\ncommencement.\n51 Application of preliminary discovery or non-party digital\nintermediary order amendments\n(1) Sections 20A and 36A apply to the making of an order after the\ncommencement, including if the proceeding in which the order is\nmade:\n(a) involves a pre-commencement action; or\n(b) was commenced before the commencement.\n(2) Sections 20A and 36A do not apply to the variation or revocation of\nan order that was made before the commencement.\n52 Application of document giving or service amendments\nThe amendments to section 41 by the amending Act apply to the\ngiving or service of notices or other documents after the\ncommencement even if the notices or other documents relate:\n(a) to a pre-commencement action; or\n(b) to a proceeding commenced before the commencement.\nDivision 3 Part 3, Division 3 of Defamation Legislation\nAmendment Act 2025\n53 Application of absolute privilege amendments\n(1) Section 24, as in force immediately before the commencement of\nthe amending Division, continues to apply in respect of a\npre-commencement action despite the amendments to that section\nby the amending Division.\n(2) In this section:\namending Division means Part 3, Division 3 of the Defamation\nLegislation Amendment Act 2025.\npre-commencement action, in relation to the amending Division,\nmeans a cause of action for the publication of defamatory matter\naccruing before the commencement of the amending Division.\n\nSchedule 1 Additional publications to which absolute privilege applies\nDefamation Act 2006 50\nSchedule 1 Additional publications to which absolute\nprivilege applies\nsection 24(2)(d)\nNote for Schedule 1:\nCurrently there are no provisions in this Schedule but it has been included for\nconsistency with the national model provisions.\n\nSchedule 2 Additional kinds of public documents\nDefamation Act 2006 51\nSchedule 2 Additional kinds of public documents\nsection 25(4)\ndefinition of public document, paragraph (g)\nNote for Schedule 2:\nCurrently there are no provisions in this Schedule but it has been included for\nconsistency with the national model provisions.\n\nSchedule 3 Additional proceedings of public concern\nDefamation Act 2006 52\nSchedule 3 Additional proceedings of public concern\nsection 26(4)\ndefinition of proceedings of public concern, paragraph (p)\nNote for Schedule 3:\nCurrently there are no provisions in this Schedule but it has been included for\nconsistency with the national model provisions.\n\nSchedule 4 Acts repealed\nDefamation Act 2006 53\nSchedule 4 Acts repealed\nsection 44\nDefamation Ordinance 1938 Ordinance No. 10 of 1938\nDefamation Ordinance 1963 Ordinance No. 76 of 1963\nDefamation Ordinance 1964 Ordinance No. 51 of 1964\nDefamation Amendment Act 1989 Act No. 49 of 1989\n\nENDNOTES\nDefamation Act 2006 54\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nDefamation Act 2006 (Act No. 8, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\nDefamation Legislation Amendment Act 2025 (Act No. 20, 2025)\nAssent date 10 August 2025\nCommenced 11 August 2025 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: s 1.\n4 LIST OF AMENDMENTS\ns 3 amd No. 20, 2025, ss 4 and 32\ns 8 amd No. 20, 2025, s 5\ns 9 amd No. 20, 2025, s 6\ns 9A ins No. 20, 2025, s 7\npt 2\ndiv 2A hdg ins No. 20, 2025, s 33\nss 9B – 9E ins No. 20, 2025, s 33\npt 3\ndiv 1 hdg amd No. 20, 2025, s 8\nss 11A – 11B ins No. 20, 2025, s 9\ns 13 amd No. 20, 2025, s 10\ns 14 amd No. 20, 2025, ss 11 and 34\ns 17 amd No. 20, 2025, s 12\ns 20 sub No. 20, 2025, s 13\ns 20A ins No. 20, 2025, s 35\n\nENDNOTES\nDefamation Act 2006 55\ns 23 sub No. 20, 2025, s 14\ns 24 amd No. 20, 2025, s 40\ns 26A ins No. 20, 2025, s 15\ns 27 amd No. 20, 2025, s 16\ns 27A ins No. 20, 2025, s 17\ns 28 amd No. 20, 2025, s 18\ns 28A ins No. 20, 2025, s 36\ns 30 rep No. 20, 2025, s 19\ns 32 amd No. 20, 2025, s 20\ns 36A ins No. 20, 2025, s 37\ns 41 amd No. 20, 2025, ss 21 and 38\npt 7 hdg exp No. 8, 2006, s 56\nins No. 20, 2025, s 22\npt 7\ndiv 1 hdg exp No. 8, 2006, s 56\nins No. 20, 2025, s 22\ns 47 exp No. 8, 2006, s 47(4)\nins No. 20, 2025, s 22\npt 7\ndiv 2 hdg exp No. 8, 2006, s 56\nins No. 20, 2025, s 39\nss 48 – 52 exp No. 8, 2006, s 56\nins No. 20, 2025, s 39\npt 7\ndiv 3 hdg exp No. 8, 2006, s 56\nins No. 20, 2025, s 41\ns 53 exp No. 8, 2006, s 56\nins No. 20, 2025, s 41\nss 54 – 55 exp No. 8, 2006, s 56\ns 56 exp No. 8, 2006, s 56","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Enacted to promote uniform defamation laws across Australian jurisdictions with a focus on balancing reputation protection and freedom of expression, the legislation has significantly expanded in scope via the 2025 amendments. These introduce a new serious harm element (s 9A), comprehensive exemptions and defences for digital intermediaries (Division 2A of Part 2, s 28A, s 36A), updated public interest and peer review defences (ss 26A, 27A), and procedural mechanisms for online content (ss 20A, 9E). This shifts the original emphasis from traditional print/broadcast media to regulating modern internet platforms, search engines, caching, and social media while preserving core tort principles."},"complexity_factors":["Extensive definitions section (s 3) with 30+ specialised terms including 'digital intermediary', 'access prevention step', 'search engine provider'","Layered structure with 7 Parts, multiple Divisions, and 4 Schedules, including detailed transitional provisions in Parts 6 and 7","Multiple conditional defences (ss 22–29) with nested exceptions, reasonableness tests, and malice defeats","Specific procedural hurdles such as mandatory concerns notices (s 11B), serious harm threshold determined early by judicial officer (s 9A), and preliminary discovery rules for digital posters (s 20A)","Cross-references to Commonwealth legislation (Corporations Act 2001), Limitation Act 1981, general law, and uniform national model provisions"],"plain_english_summary":"**This Act sets the rules for defamation cases in the Northern Territory.** Defamation happens when someone publishes material (words, pictures, online posts, etc.) that harms another person's reputation. The law aims to balance two things: protecting people's good names and ensuring free speech, especially on important public topics.\n\nKey points include:\n- A person must prove the publication caused (or is likely to cause) **serious harm** to their reputation before a case can proceed (s 9A).\n- Companies generally cannot sue for defamation unless they are small (under 10 employees) or not-for-profit (s 8).\n- No one can sue for defamation on behalf of a dead person (s 9).\n- It encourages quick, out-of-court fixes like sending a 'concerns notice' and receiving an 'offer to make amends' (Part 3).\n- There are many defences, including truth (justification), honest opinion, public interest, and new protections for online platforms that merely host or search content without creating it (ss 22, 26A, 9C, 9D, 28A).\n- Damages are capped for non-economic loss and must match the actual harm; no punitive damages are allowed (ss 31–34).\n\nIt applies to all types of publication, with extra rules for digital and online content. The goal is fair remedies without unnecessary lawsuits, while promoting uniform rules across Australia."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 2006 Act focused on traditional defamation principles and uniform laws. The 2025 amendments significantly expanded scope to address digital publications. New parts cover digital intermediary exemptions (no liability for caching, conduit, storage), a specific defence for digital intermediaries with complaints mechanisms, court orders against non-party platforms, and new pre-litigation requirements (concerns notices) that apply to all publications. The serious harm element and public interest defence also broaden the Act's reach. These changes shift the law from a primarily court-focused model to one that heavily regulates online speech and platform accountability."},"complexity_factors":["Lengthy Act with over 50 sections plus schedules","Extensive definitions section (e.g., 'digital intermediary', 'online service', 'access prevention step')","Multiple new divisions added by 2025 amendments (e.g., Division 2A on digital intermediary exemptions, Division 2A in Part 4 for digital intermediary defence)","Cross-references between sections and to other Acts (e.g., Corporations Act, Limitation Act)","Conditional logic in defences (e.g., 'reasonable belief', 'reasonable steps', 'actuated by malice')","Nested conditions in transitional provisions (Parts 6 and 7) with multiple commencement dates","Schedules that are currently empty but referenced for future additions","Complex rules for choosing which state's law applies (choice of law provisions)"],"plain_english_summary":"This is the Northern Territory's defamation law. Defamation is when someone publishes false statements that harm another person's reputation. The Act sets out who can sue, what defences are available, and how disputes can be resolved before going to court.\n\n**Key changes from 2025 amendments:**\n- **Serious harm requirement**: To sue, you must prove that the publication caused or is likely to cause serious harm to your reputation. For non-profit corporations or small businesses (fewer than 10 employees), this must be serious financial loss.\n- **Pre-court process**: Before starting a lawsuit, the person claiming defamation must send a 'concerns notice' to the publisher, detailing the defamatory statements and harm. The publisher then has 28 days to make an offer to make amends (e.g., publish a correction, apology, or pay compensation). If a reasonable offer is rejected, it can be used as a defence.\n- **Defences**: The Act lists many defences, including:\n  - The statement was substantially true.\n  - Honest opinion based on proper material.\n  - Absolute privilege (e.g., statements in parliament or court).\n  - Publication of public documents.\n  - Fair report of proceedings of public concern.\n  - **Public interest defence**: The publisher reasonably believed publication was in the public interest.\n  - **Peer review defence** for scientific or academic journals.\n  - **Digital intermediary defences**: Internet platforms (like social media, search engines) are not liable if their role was limited to providing caching, conduit, or storage services, or if they have a complaints mechanism and take reasonable steps to remove defamatory content after a complaint.\n- **Damages**: Limited to $250,000 (indexed) for non-economic loss, and punitive damages are banned.\n- **Costs**: Courts can award indemnity costs if a party unreasonably rejected a settlement offer.\n- **Orders against non-party digital intermediaries**: Courts can order platforms to remove or block defamatory content even if they are not a party to the lawsuit.\n\n**Who does it affect?** Anyone who publishes or is defamed in the Northern Territory – individuals, businesses (except large for-profit corporations can't sue), and digital platforms. It aims to balance free speech with protection of reputation while encouraging early settlements."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-act-2006","history":"/api/acts/defamation-act-2006/history","analysis":"/api/acts/defamation-act-2006/analysis","conflicts":"/api/acts/defamation-act-2006/conflicts","importantCases":"/api/acts/defamation-act-2006/important-cases","documents":"/api/acts/defamation-act-2006/documents"}}