Defamation Act 2005 (SA)

South Australia Defamation Act 2005 An Act to modify the general law relating to the tort of defamation and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects of Act 4 Interpretation 5 Act binds Crown Part 2—General principles Division 1—Defamation and the general law 6 Tort of defamation 7 Distinction between slander and libel abolished Division 2—Causes of action for defamation 8 Single cause of action for multiple defamatory imputations in same matter 9 Certain corporations do not have cause of action for defamation 10 No cause of action for defamation of, or against, deceased persons 10A Serious harm element of cause of action for defamation Division 3—Choice of law 11 Choice of law for defamation proceedings Part 3—Resolution of civil disputes without litigation Division 1—Concerns notices and offers to make amends 12 Application of Division 12A Concerns notices 12B Defamation proceedings cannot be commenced without concerns notice 13 Publisher may make offer to make amends 14 When offer to make amends may be made 15 Content of offer to make amends 16 Withdrawal of offer to make amends 17 Effect of acceptance of offer to make amends 18 Effect of failure to accept reasonable offer to make amends 19 Inadmissibility of evidence of certain statements and admissions Division 2—Apologies 20 Effect of apology on liability for defamation Part 4—Litigation of civil disputes Division 1—General 21 Permission required for multiple proceedings in relation to publication of same defamatory matter Division 2—Defences 22 Scope of defences under general law and other law not limited 23 Defence of justification 24 Defence of contextual truth 25 Defence of absolute privilege 26 Defence for publication of public documents 27 Defences of fair report of proceedings of public concern 27A Defence of publication of matter concerning issue of public interest 28 Defence of qualified privilege for provision of certain information 28A Defence of scientific or academic peer review 29 Defences of honest opinion 30 Defence of innocent dissemination Division 3—Remedies 32 Damages to bear rational relationship to harm 33 Damages for non-economic loss limited 34 State of mind of defendant generally not relevant to awarding damages 35 Exemplary or punitive damages cannot be awarded 36 Factors in mitigation of damages 37 Damages for multiple causes of action may be assessed as single sum Division 4—Costs 38 Costs in defamation proceedings Part 5—Miscellaneous 39 Proceedings for an offence do not bar civil proceedings 40 Proof of publication 41 Giving of notices and other documents 42 Regulations Schedule A1—Additional publications to which absolute privilege applies 1 Matters arising out of proceedings of Parole Board Schedule 1—Transitional provisions Part 6—Transitional provisions 7 Savings, transitional and other provisions relating to this Act 8 Application of amendments to Limitation of Actions Act 1936 Legislative history