Defamation Amendment Act 2002 (NSW)

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An Act to amend the Defamation Act 1974 with respect to corporations, the settlement of claims for defamation, defences for defamation and costs in defamation proceedings; to amend the District Court Act 1973 with respect to juries in actions for defamation; to amend the Limitation Act 1969 to provide for a one year limitation period for defamation actions and the extension of that limitation period; and for other purposes.

1Name of Act

This Act is the Defamation Amendment Act 2002.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Defamation Act 1974 No 18

The Defamation Act 1974 is amended as set out in Schedule 1.

4Amendment of other Acts

The Acts specified in Schedule 2 are amended as set out in that Schedule.

Schedule 1Amendment of Defamation Act 1974

(Section 3)

[1]Section 3

Insert after section 2:

3Objects of Act

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.

[2]Section 7 Definitions

Omit section 7 (1). Insert instead:

(1)

In this Act:

offer to make amends means an offer to make amends made under section 9D.

Territory of the Commonwealth includes a territory governed by the Commonwealth under a trusteeship agreement.

[3]Section 7 (5)

Insert after section 7 (4):

(5)

Notes included in this Act do not form part of this Act.

[4]Section 7A Functions of judge and jury

Omit “applies” from section 7A (5).

Insert instead “and section 76B of the District Court Act 1973 apply”.

[5]Section 8A

Insert after section 8:

8ACorporations do not have cause of action for defamation(1)

A corporation has no cause of action for defamation in respect of the publication of any matter by means of which a defamatory imputation about the corporation is made.

(2)

Nothing in subsection (1) precludes an individual who is a member of a corporation from asserting or enforcing a cause of action in defamation in respect of the publication of any matter by means of which a defamatory imputation about the individual is made where that same publication also makes a defamatory imputation about the corporation.

(3)

Despite subsection (1), a corporation may assert or enforce a cause of action in defamation in respect of the publication of any matter by means of which a defamatory imputation about the corporation is made if:

  • (a)

    the corporation employs fewer than 10 persons at the time of publication of the matter, and

  • (b)

    the corporation has no subsidiaries (within…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.