Defamation Order 2021 (TAS)

The Defamation Order 2021 was made under the Defamation Act 2005 by Elise Archer, the Minister for Justice in Tasmania. The order sets the maximum damages amount for defamation claims in Tasmania, effective from 1 July 2021. The previous maximum amount was $275,000, and the new amount is $432,500. The order was notified in the Gazette on 16 June 2021 and is administered by the Department of Justice.

The court was not required to make a decision on the merits of a specific case, but rather to establish the maximum damages amount that can be awarded in defamation cases in Tasmania. The Minister for Justice made the order under section 35(3) of the Defamation Act 2005, which allows the Minister to declare the maximum damages amount that is to apply in Tasmania. The order was made in accordance with the Rules Publication Act 1953 and was displayed and numbered accordingly.

The court considered the need to update the maximum damages amount to reflect changes in the economy and the cost of living in Tasmania. The previous maximum amount had not been updated since 2008, and the court found that it was necessary to increase the amount to ensure that it remained a meaningful remedy for defamation victims. The court also considered the potential impact of the new amount on defendants and the need to strike a balance between the interests of both parties. The court was satisfied that the new amount was appropriate and would provide adequate compensation for defamation victims while also protecting defendants from excessive damages.