Defamation Act 2005 (NSW)

Defamation Act 2005 No 77

An Act to enact in New South Wales provisions to promote uniform laws of defamation in Australia; to repeal the Defamation Act 1974; to amend the Crimes Act 1900 in relation to criminal defamation; to amend the Limitation Act 1969 in relation to the limitation period for defamation actions; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Defamation Act 2005.

2 Commencement This Act commences on 1 January 2006.

3 Objects of Act The objects of this Act are— (a) to enact provisions to promote uniform laws of defamation in Australia, and (b) to ensure that the law of defamation does not place unreasonable limits on freedom of expression and, in particular, on the publication and discussion of matters of public interest and importance, and (c) to provide effective and fair remedies for persons whose reputations are harmed by the publication of defamatory matter, and (d) to promote speedy and non-litigious methods of resolving disputes about the publication of defamatory matter.

4 Definitions In this Act— access prevention step, in relation to the publication of digital matter, means a step— (a) to remove the matter, or (b) to block, disable or otherwise prevent access, whether by some or all persons, to the matter. applicable period for an offer to make amends is defined by section 14. associated entity has the same meaning as in section 50AAA of the Corporations Act 2001 of the Commonwealth. Australian court means any court established by or under a law of an Australian jurisdiction (including a court conducting committal proceedings for an indictable offence). Australian jurisdiction means— (a) a State, or (b) a Territory, or (c) the Commonwealth. Australian tribunal means any tribunal (other than a court) established by or under a law of an Australian jurisdiction that has the power to take evidence from witnesses before it on oath or affirmation (including a Royal Commission or other special commission of inquiry). caching service is defined for Part 2, Division 2A by section 10B. concerns notice is defined by section 12A. conduit service is defined for Part 2, Division 2A by section 10B. country includes— (a) a federation and a state, territory, province or other part of a federation, and (b) an Australian jurisdiction. digital intermediary, in relation to the publication of digital matter, means a person, other than an author, originator or poster of the matter, who provides or administers the online service by means of which the matter is published.