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ARTICLE · 19 APRIL 2023

What next for defamation law? What changes can we expect in 2023 and 2024?

Carroll & O'Dea
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Following Defamation Act reforms that began in 2021, there are further proposed developments for in the works for 2023 and 2024.

AustraliaLitigation, Mediation & Arbitration
Grace Brophy
Grace Brophy
Daniel O'Brien
Daniel O'Brien
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Following the reforms to the Defamation Act1 commencing on 1 July 2021, there are further proposed developments for Australia's defamation laws in the works for 2023 and 2024.

The main development will focus on updating the existing defamation laws to keep up with technological advancement, particularly in relation to social media.

Between 2021 and 2022, the following two landmark cases were heard before the High Court of Australia:

  1. Fairfax Media Publications Pty Ltd v Voller & Ors 2 (Fairfax v Voller)

  2. In Fairfax v Voller, media corporations were found liable as publishers in defamation for comments written by third parties on Facebook pages hosted by the media corporations as the Court found that the media corporations had intentionally facilitated and encouraged third-party comments on their Facebook pages.

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