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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.