Civil Law (Wrongs) Act 2002
257Digital intermediary amendments
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257 Digital intermediary amendments Law (Wrongs) Amendment Act 2024 about (the digital intermediary amendments)— (a) exempting digital intermediaries from liability for defamation; or (b) providing a defence for publications of defamatory digital matter involving digital intermediaries. (2) Except as provided by subsection (3) (b), the digital intermediary amendments apply to a post-commencement action.
Transitional—Civil Law (Wrongs) Amendment Act 2024 Chapter 20 (3) The existing law continues to apply, despite the digital intermediary amendments— (a) to a pre-commencement action; and (b) to a post-commencement action, but only if— (i) the post-commencement action is 1 of 2 or more causes of action in proceedings commenced by a plaintiff; and (ii) each cause of action in the proceedings accrues because of the publication of the same, or substantially the same, matter on separate occasions, whether by the same defendant or another defendant; and (iii) 1 or more of the other causes of action in the proceedings are pre-commencement actions; and (iv) the post-commencement action accrued no later than 12 months after the date on which the earliest pre-commencement action in the proceedings accrued.