Proposed amendments to the Defamation Act – An overview

There has not been any reform of the Defamation Act since it was introduced in 2005. The Council of the Attorneys General of each of the States and Territories of Australia has however now agreed to the enactment of a number of important amendments to the legislation. The proposed amendments include the following namely:-

1. The introduction of the test of serious harm as an element of a cause of action for defamation;
2. The provision of a concerns notice as a pre-requisite before the commencement of defamation proceedings;
3. Amendment to the defence of contextual truth;
4. Incorporation of a defence of publication of matter concerning an issue of public interest;
5. Introduction of a defence concerning scientific or academic peer-reviewed material;