Defamation is normally thought of as an act which can attract
civil liability.
Indeed, a whole piece of legislation is dedicated to the rules
relating to the
tort of defamation in New South Wales, and there is a
wealth of case law that interprets those rules.
That legislation, the
Defamation Act 2005 (NSW), is substantially replicated in
legislation across Australia.
However, acts of defamatory can attract both civil and criminal
liability, depending on their nature and seriousness.
What is civil defamation?
The Defamation Act requires three distinct components to be
proved on the balance of probabilities in order for defamation to
be established:
- Publication
