Much Talk, Now Action: Defamation Law Reform Is Here

New South Wales Parliament has today passed the Defamation Amendment Bill 2020. This makes NSW, which has been described as “Australia's defamation capital”, the first state to legislate long-awaited reforms to Australia's uniform defamation laws, with other states to follow. The NSW amending Act is expected to commence soon, following assent.

The amendments implement the Model Defamation Amendment Provisions which are the product of a review and public consultation by the Defamation Working Party, driven by the New South Wales Department of Communities and Justice, and were formally agreed by the Council of Attorneys-General on 27 July 2020. The changes are designed to:

• Reset the balance between providing fair remedies for harm and protecting freedom of expression -especially where publications involve matters of public interest;