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Defamation - A quick apology may be the best option |
Defamation laws have been simplified. A model being adopted across all states and territories means that, for the first time, people who publish or broadcast will face just one defamation law, not eight. |
Under new laws introduced in NSW in January, compensation has been capped at $250,000 unless the court awards aggravated damages, though historically very few awards reached anywhere near $250,000 for noneconomic loss alone. Action must be taken within one year of publication, but this can be increased to three if the court is satisfied that it was not reasonable for someone to have begun proceedings within a year. |
A company's right to protect its reputation is now significantly reduced. Except for not-for-profit organisations and small companies with less than ten employees, companies cannot sue media outlets for misleading or deceptive conduct, unless the defamation is seen as injurious falsehood, which requires proving malice - a notoriously difficult task. Publishers can lessen the compensation they may have to pay by printing or broadcasting an apology or correction before trial. An apology does not constitute an admission of liability. |
Those with no control over the content, such as printers, libraries, newsagents and ISPs, have a defence of innocent dissemination, but only where they 'neither knew nor ought to have known' of the defamatory content. Where such a party is notified of such content and ignores it, such defence will no longer apply. |
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