2025
A Bill
for
An Act to amend the Criminal Code and the Defamation Act 2005
for particular purposes
[s 1]
Defamation and Other Legislation Amendment Bill 2025
Part 1 Preliminary
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Authorised by the Parliamentary Counsel
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Defamation and Other
Legislation Amendment Act 2025.
2 Commencement
This Act commences on the day that is 7 days after the date of
assent.
Part 2 Amendment of Defamation Act
2005
3 Act amended
This part amends the Defamation Act 2005.
4 Amendment of s 4 (Interpretation)
Section 4(2)—
omit.
5 Insertion of new pt 2, div 2A
Part 2—
insert—
Division 2A Exemptions from liability
for digital intermediaries
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Clause 11
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Clause 16
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Defamation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Defamation Act 2005
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10C Exemption for digital intermediaries providing
caching services, conduit services or storage
services
(1) A digital intermediary is not liable for defamation
for the publication of digital matter if the
intermediary proves—
(a) the matter was published using 1 or more of
the following services provided by the
intermediary—
(i) a caching service;
(ii) a conduit service;
(iii) a storage service; and
(b) the intermediary’s role in the publication
was limited to providing 1 or more of the
services mentioned in paragraph (a); and
(c) the intermediary did not do any of the
following—
(i) initiate the steps required to publish the
matter;
(ii) select any of the recipients of the
matter;
(iii) encourage the poster of the matter to
publish the matter;
(iv) edit the content of the matter, whether
before or after it was published;
(v) promote the matter, whether before or
after it was published.
(2) Subsection (1)(c) does not apply in relation to
action taken because it is required by or under a
law of an Australian jurisdiction or an order of an
Australian court or Australian tribunal.
Example—
action taken to comply with a code of conduct or other
document regulating conduct that a digital intermediary
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Defamation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Defamation Act 2005
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Authorised by the Parliamentary Counsel
is required to comply with by a law of an Australian
jurisdiction
(3) Subsection (1) applies regardless of whether the
digital intermediary knew, or ought reasonably to
have known, the digital matter was defamatory.
(4) In this section—
caching service means an online service whose
principal function is to provide automatic,
intermediate and temporary storage of content for
the purpose of making the onward electronic
transmission of the content more efficient for its
users.
Example of a caching service—
a service for temporarily and automatically storing files
that are most frequently downloaded by users of a
website to speed up the download time for the files
conduit service means an online service whose
principal function is to enable its users to access
or use networks or other infrastructure to connect
to, or send or receive data by means of, the
internet.
Examples of a conduit service—
• a service provided by an internet service provider
enabling its users to connect to the internet
• an internet-based service enabling its users to send
emails or send text messages to other persons
storage service means an online service, other
than a caching service, whose principal function
is to enable its users to store content remotely.
Example of a storage service—
an internet-based cloud service enabling its users to
store documents, videos or photographs for later
retrieval
10D Exemption for search engine providers
(1) A search engine provider for a search engine is
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Defamation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Defamation Act 2005
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Authorised by the Parliamentary Counsel
not liable for defamation for—
(a) the publication of digital matter comprised
of search results if the provider’s role was
limited to providing an automated process
for the user of the search engine to generate
the results; or
(b) the publication of digital matter to which the
search results provide a hyperlink if the
provider’s role in the publication of the
matter is limited to the role mentioned in
paragraph (a).
(2) Subsection (1) does not apply in relation to search
results, or to digital matter to which the search
results provide hyperlinks, to the extent the results
are promoted or prioritised by the search engine
provider because of a payment or other benefit
given to the provider by or on behalf of a third
party.
(3) Subsection (1) applies regardless of whether the
search engine provider knew, or ought reasonably
to have known, the digital matter was defamatory.
(4) In this section—
search engine means a software application or
system designed to enable its users to search for
content on the internet.
search engine provider, for a search engine,
means a person who maintains, or provides users
with access to the search functions of, the search
engine.
search result means a result generated by a search
engine that is limited to identifying a webpage on
which content is located by reference to 1 or more
of the following—
(a) the title of the webpage;
(b) a hyperlink to the webpage;
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Defamation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Defamation Act 2005
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(c) an extract from the webpage;
(d) an image from the webpage.
10E Early determination of digital intermediary
exemptions
(1) The judicial officer in defamation proceedings—
(a) is to determine whether a defendant has a
digital intermediary exemption; and
(b) is to determine whether a digital
intermediary exemption is established as
soon as practicable before the trial for the
proceedings commences unless satisfied
that there are good reasons to postpone the
determination to a later stage of the
proceedings; and
(c) may make any orders the judicial officer
considers appropriate concerning the
determination of the issue, including
dismissing the proceedings if satisfied the
digital intermediary exemption is
established.
(2) Without limiting subsection (1)—
(a) the following matters are relevant in
deciding whether there are good reasons to
postpone the determination of whether a
digital intermediary exemption is
established to a later stage of the
proceedings—
(i) the cost implications for the parties;
(ii) the resources available to the court at
the time;
(iii) the extent to which technical or
scientific issues are raised in the
proceedings;
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Defamation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Defamation Act 2005
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(iv) the extent to which establishing the
digital intermediary exemption is
linked to other issues for determination
during the trial for the proceedings; and
(b) the judicial officer may determine a digital
intermediary exemption is established on
the pleadings without the need for further
evidence if satisfied that the pleaded
particulars are sufficient to establish the
exemption.
(3) Nothing in this section limits the powers that a
judicial officer may have apart from this section
to dismiss defamation proceedings, whether
before or after the trial for the proceedings
commences.
(4) In this section—
digital intermediary exemption means an
exemption from liability for defamation
mentioned in section 10C or 10D.
6 Amendment of s 15 (Content of offer to make amends)
(1) Section 15(1A)(b)—
omit, insert—
(b) if the matter is digital matter—an offer to
take access prevention steps in relation to
the matter; or
(2) Section 15—
insert—
(1B) If the matter in question is digital matter, an offer
to take access prevention steps may be made
instead of, or in addition to, either or both of the
offers mentioned in subsection (1)(d) and (e).
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Clause 20
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Defamation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Defamation Act 2005
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Authorised by the Parliamentary Counsel
7 Insertion of new s 23A
After section 23—
insert—
23A Orders for preliminary discovery about
posters of digital matter
(1) This section applies if the court procedure law for
a court allows a person seeking to bring
defamation proceedings for the publication of
digital matter to obtain an order for, or in the
nature of, preliminary discovery for either or both
of the following purposes—
(a) to obtain information to assist in identifying
the posters of the matter;
(b) to obtain information to assist in locating
physical or digital addresses for the posters
of the matter to allow concerns notices to be
given to them or defamation proceedings
against them to be commenced.
(2) Despite anything to the contrary in the court
procedure law for a court, the court must take the
following matters into account before making an
order mentioned in subsection (1)—
(a) the objects of this Act;
(b) privacy, safety or other public interest
considerations that may arise if the order is
made.
Example for paragraph (b)—
evidence suggesting the poster of digital matter is
in fear of domestic violence from the person
seeking an order to obtain the poster’s address
(3) This section does not limit the matters the court
may take into account before making an order
mentioned in subsection (1).
(4) In this section—
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Defamation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Defamation Act 2005
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Authorised by the Parliamentary Counsel
court procedure law, for a court, means—
(a) rules of court for the court; or
(b) an Act or other legislation that regulates the
practice or procedure of the court; or
(c) the general law concerning the inherent or
implied jurisdiction or powers of the court.
8 Amendment of s 27 (Defence of absolute privilege)
(1) Section 27(2)—
insert—
(ba) the matter is published to a person who, at
the time of the publication, is an official of a
police force or service of an Australian
jurisdiction and it is published to the official
while the official is acting in an official
capacity; or
(2) Section 27—
insert—
(3) In this section—
official, of a police force or service of an
Australian jurisdiction, means—
(a) an officer, employee or member of staff of
the police force or service; or
(b) another person engaged to act for or on
behalf of the police force or service.
9 Insertion of new s 31A
After section 31—
insert—
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Defamation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Defamation Act 2005
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Authorised by the Parliamentary Counsel
31A Defence for publications involving digital
intermediaries
(1) It is a defence to the publication of defamatory
digital matter if the defendant proves—
(a) the defendant was a digital intermediary in
relation to the publication; and
(b) the defendant had, at the time of the
publication, an accessible complaints
mechanism for the plaintiff to use; and
(c) if the plaintiff gave the defendant a written
complaint under this section about the
publication—reasonable access prevention
steps, if steps were available, were taken in
relation to the publication, whether before
the complaint was given or within 7 days
after the complaint was given.
Notes—
1 The defendant is not required to prove
paragraph (c) to establish the defence if the
plaintiff has not given the defendant a written
complaint about the publication under this
section. Subsection (3) sets out requirements
for giving written complaints.
2 Subsection (6) defines accessible complaints
mechanism.
(2) For subsection (1)(c), reasonable access
prevention steps were taken in relation to the
publication of digital matter if—
(a) for access prevention steps taken by the
defendant—the steps taken were reasonable
for the defendant to take in the
circumstances; or
(b) for access prevention steps taken by another
person—it was reasonable for the defendant
not to take steps because of the steps already
taken.
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