ARTICLE · 16 OCTOBER 2024

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New online defamation defence for publishers "innocently disseminating" third party comments

Stacks Law Firm

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The new law is designed to improve the balance between freedom of speech and the protection of a person's reputation.

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George Koimanos

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Changes to online defamation laws in NSW and the ACT came into effect in July 2024. The new law is designed to improve the balance between freedom of speech and the protection of a person's reputation when someone publishes adverse comments online.

"Innocent dissemination" a new defence for online defamation

The NSW Defamation Amendment Act 2023 provides a new defence for online forum administrators, including news media companies, discussion groups for local sports or social clubs, hosts who run Reddit communities or Facebook groups, search engines like Google, major media companies and businesses which allow third-party comments on their website content.

Under the new defamation law, these forum administrators may be able to rely on a new defence of "innocently disseminating" defamatory comments made by outsiders who post on their site.

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