Contents (2005 - 77)
Defamation Act 2005 No 77
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
5 Act to bind 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

Division 3 Choice of law

11 Choice of law for defamation proceedings

Part 3 Resolution of civil disputes without litigation

Division 1 Offers to make amends

12 Application of Division
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 Election for defamation proceedings to be tried by jury
22 Roles of judicial officers and juries in defamation proceedings
23 Leave required for further proceedings in relation to publication of same defamatory matter

Division 2 Defences

24 Scope of defences under general law and other law not limited
25 Defence of justification
26 Defence of contextual truth
27 Defence of absolute privilege
28 Defence for publication of public documents
29 Defences of fair report of proceedings of public concern
30 Defence of qualified privilege for provision of certain information
31 Defences of honest opinion
32 Defence of innocent dissemination
33 Defence of triviality

Division 3 Remedies

34 Damages to bear rational relationship to harm
35 Damages for non-economic loss limited
36 State of mind of defendant generally not relevant to awarding damages
37 Exemplary or punitive damages cannot be awarded
38 Factors in mitigation of damages
39 Damages for multiple causes of action may be assessed as single sum

Division 4 Costs

40 Costs in defamation proceedings

Part 5 Miscellaneous

41 Proof of publication
42 Proof of convictions for offences
43 Incriminating answers, documents or things
44 Giving of notices and other documents
45 Regulations
46 Repeal of Defamation Act 1974 No 18
47 Savings, transitional and other provisions
48 (Repealed)
49 Review of Act

 Schedule 1 Additional publications to which absolute privilege applies

 Schedule 2 Additional kinds of public documents

 Schedule 3 Additional proceedings of public concern

 Schedule 4 Savings, transitional and other provisions

 Schedules 5, 6 (Repealed)

Historical notes