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ARTICLE · 08 AUGUST 2020

New Year, new defamation scene: Australian defamation laws set for a digital makeover in late 2020

Businesses should be aware of possible risks of defamation liability, and implement appropriate policies and procedures.

AustraliaLitigation, Mediation & Arbitration

Australia's defamation law space is one to watch in the latter half of 2020:

  • pending the next Voller1 appeal decision, news media providers will find out if they will continue to be liable for defamatory third party comments on their social media pages (and the scope of any potential defences);
  • the ultimate outcome of Kabbabe2  may see American social media conglomerates (Google, Instagram, Facebook) forced to divulge personal information about keyboard warriors who have used digital platforms to defame others;
  • Geoffrey Rush's history-making defamation damages payment this June may contribute to capped damages reforms in upcoming federal defamation law overhaul; and
  • after extensive public consultation, the Defamation Working Party's law reforms (led by New South Wales) were announced on 27 July 2020 and each state and territory is now expected to take steps to swiftly enact the Model Defamation Amendment Provisions 2020 as part of the first phase of

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