{"id":"tas:sr-2022-041","name":"Defamation Order 2022","slug":"defamation-order-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"41 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179639,"registerId":"tas-tas:sr-2022-041-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Defamation Order 2022](/view/html/inforce/2026-04-12/sr-2022-041) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Maximum damages amount","content":"### 3 Maximum damages amount\n\n> For the purposes of [section 35(1) of the](/view/html/inforce/2026-04-12/act-2005-073#GS35@Gs1@EN) [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) , the maximum damages amount that is to apply from 1 July 2022 is declared to be $443 000.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 June 2022\n\nThis order is administered in the Department of Justice.","sortOrder":2}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument updates only the monetary ceiling for damages under the existing Defamation Act framework; it does not alter who is covered, the available causes of action, or defences. It declares the amount ($443,000) and commencement (1 July 2022) without expanding or narrowing statutory scope (s2–s3)."},"complexity_factors":["Very narrow scope: single numeric declaration of a cap rather than procedural or substantive rule-making (s3).","Cross-reference to primary legislation: legal effect depends on section 35(1) of the Defamation Act 2005, so users must consult the parent Act to understand practical impact (s3).","Simple commencement mechanics: fixed commencement date of 1 July 2022 (s2) and standard Gazette notification; minimal transitional complexity.","Low discretion and administrative burden: no new decision-making frameworks, exemptions, or regulatory processes created; administered by the Department of Justice.","Operational effect limited to litigation outcomes (awards capped) rather than changing causes of action or defences."],"plain_english_summary":"This Order sets the maximum damages amount under section 35(1) of the Defamation Act 2005 at $443,000, effective 1 July 2022 (s3). It applies to defamation proceedings governed by that statutory cap and is administered by the Department of Justice; mechanically it only fixes a monetary ceiling and a commencement date (s2)."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This order performs exactly the narrow, technical function it was designed for: updating a statutory maximum damages figure. There is no scope creep or expansion beyond the original intent of providing a mechanism to adjust the damages cap under section 35(1) of the Defamation Act 2005."},"complexity_factors":["Extremely short — only 3 operative sections","No defined terms section","Single substantive provision (section 3) containing one numerical declaration","No conditional logic, exceptions, or cross-references beyond a single citation to the parent Act","No procedural requirements or administrative mechanisms"],"plain_english_summary":"This is a short, technical order that updates the maximum amount of money someone can be awarded for winning a defamation lawsuit in Australia.\n\n**What it does:**\n- Sets the **maximum damages** (compensation money) for defamation cases at **$443,000** starting from 1 July 2022.\n- This figure applies under the *Defamation Act 2005*, which is the national law (with state/territory versions) that governs when someone can sue for damage to their reputation.\n\n**Who it affects:**\n- Anyone involved in defamation litigation — people suing for damage to their reputation, media organisations, publishers, and their lawyers.\n- The cap matters because it limits how much a court can award for non-economic loss (things like hurt feelings and loss of reputation, as opposed to actual financial losses like lost income).\n\n**Why it matters:**\n- Defamation law tries to balance protecting people's reputations with allowing free speech. The damages cap prevents excessive payouts that could chill public interest journalism.\n- This order updates the previous cap to account for inflation or policy changes, ensuring the limit stays current.\n- Without this order, the maximum amount would remain at whatever the previous figure was, potentially making defamation penalties outdated."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, this Order appears to implement the nationally agreed defamation law reforms as intended, without evidence of scope expansion or contraction from its original purpose. The instrument was filed and commenced as planned on 1 July 2022, consistent with the national reform timetable."},"complexity_factors":["The document as supplied contains only metadata and administrative status information — no substantive legal provisions are visible, making meaningful complexity assessment difficult","Subordinate legislation (Orders) can be complex to locate and interpret without reference to the parent Act they operate under","Defamation law itself is a moderately complex area involving multiple defences, procedural requirements, and interaction between state and federal law","The 2021 national reforms introduced new procedural steps (concerns notices, serious harm threshold) that add layers for non-lawyers to navigate","Low standalone complexity as an instrument — its complexity is largely inherited from the broader defamation law framework"],"plain_english_summary":"The Defamation Order 2022 (Tas) is a short subordinate instrument, commenced 1 July 2022, that—based on context—appears to implement Tasmania’s adoption of the 2020–21 national defamation law reforms. It therefore likely changes rules for online publishers and platforms, introduces pre-suit correction/concerns notice steps, narrows corporate suing rights and strengthens public‑interest protections. It affects publishers, journalists, online users, people alleging reputational harm and businesses."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2022","history":"/api/acts/defamation-order-2022/history","analysis":"/api/acts/defamation-order-2022/analysis","conflicts":"/api/acts/defamation-order-2022/conflicts","importantCases":"/api/acts/defamation-order-2022/important-cases","documents":"/api/acts/defamation-order-2022/documents"}}