An Act to make provisions with respect to civil proceedings for defamation including the measure of damages for defamation, with respect to offer of amends in case of innocent publication of defamatory matter, with respect to criminal liability for the publication of defamatory matter, and with respect to damages in case of failure of a prosecution for the publication of defamatory matter; to repeal the Defamation Act 1958; to amend the Crimes Act 1900 and certain other Acts; and for purposes connected therewith.
This Act may be cited as the Defamation Act 1974.
This Act shall commence upon such day as may be appointed by the Governor and as may be notified by proclamation published in the Gazette.
The objects of this Act are as follows:
(a) to provide effective and appropriate remedies for persons whose reputations are harmed by the publication of defamatory matter,
(b) to ensure that the law of defamation does not place unreasonable limits on the publication and discussion of matters of public interest and importance,
(c) to promote speedy and non-litigious methods of resolving disputes concerning the publication of defamatory matter,
(d) to promote the resolution of proceedings for defamation before the courts in a timely manner and avoid protracted litigation.
The Defamation Act 1958 is repealed.
The law relating to defamation, in respect of matter published after the commencement of this Act, shall be as if the Defamation Act 1958 had not been passed and the common law and the enacted law (except that Act and any enactments repealed by that Act) shall have effect accordingly.
(Repealed)
This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
In this Act:
For the purposes of this Act, an imputation or other matter is a matter of substantial truth if, but only if, in substance it is true or in substance it is not materially different from the truth.
Where any right or liability of any person in respect of defamation passes to the executor of the person’s will or to the administrator of the person’s estate or to any other person, a reference in this Act which applies to the first-mentioned person extends, except in so far as the context or subject-matter otherwise indicates or requires, to that executor, administrator or other person.
Where by this Act an expression used in this Act is given a meaning or has a modified meaning, that expression has a corresponding meaning in any rules of court, pleading or other document in respect of proceedings to…