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The contextual truth defence is a statutory defence against the charge of defamation under the law of South Australia and New South Wales. It was created by the Defamation Act 2005. [1] [2] The Defamation Amendment Act 2020 contains wording to amend the definition of the contextual truth defence. [3]
Australia is set to undergo further significant changes to its defamation laws, with proposed reforms expected to commence on 1 January 2024. These amendments to the Defamation Act 2005 come in the wake of reforms that began on 1 July 2021.
The defence argued that imputations 9(a) and (b) were substantially true under section 25 of the 2005 NSW Defamation Act. His defence included particulars for imputation 9(a), but stated that the particulars for imputation 9(b), the allegation that Barilaro committed perjury nine times in parliament, could not be given until Barilaro and the ...
Greatly restricting the right of corporations to sue for defamation (see e.g. Defamation Act 2005 (Vic), s 9). Corporations may, however, still sue for the tort of injurious falsehood, where the burden of proof is greater than in defamation, because the plaintiff must show that the defamation was made with malice and resulted in economic loss. [53]
Crosby v Kelly is an important Federal Court of Australia case concerning the jurisdiction of the court to hear defamation claims. The judgment of the Full Court confirmed that the Court has original jurisdiction to hear defamation claims that could be heard by a Territory court, specifically the Supreme Court of the Australian Capital Territory.
A judge says controversial social media personality Andrew Tate 's defamation lawsuit against a Florida woman who accused him of imprisoning her in Romania can move forward, but he threw out Tate ...
The Act provides that California courts shall not recognize a foreign-country judgment if "the judgment includes recovery for a claim of defamation unless the court determines that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as provided by both the United States and ...
Defamation Act (with its variations) is a stock short title used for legislation in Australia, Hong Kong, Malaysia, New Zealand, the Republic of Ireland and the United Kingdom relating to defamation. It supersedes the short title Libel Act .