The state and territory proposal
The States and Territories also released a Proposal for uniform defamation laws for discussion in July 2004. The 21 recommendations in the State/Territory proposal covered a wide range of issues but were very general.
In November 2004 the States and Territories released a bill containing model provisions. This bill differed from the revised Australian Government proposals in several key respects:
- it was not a code but adopts the common law except to the extent to which it is inconsistent with the provisions
- it prevented all ‘for-profit' corporations with 10 or more employees from suing for defamation
- it prevented a legal representative and any other person from bringing an action for defamation of the dead
- it prevented a defamation action from surviving the death of the plaintiff or defendant
- it made a ‘reasonable offer of amends' a complete defence
- it made truth alone a complete defence
- it preserved the common law defence of qualified privilege
- it left it to each jurisdiction whether to have juries
- it capped damages at $250,000 (except for aggravated damages) and abolishes exemplary damages, and
- it did not provide for any court-ordered corrections.
Laws passed by the States
In the second half of 2005 and early 2006, each of the States and the ACT and NT have enacted substantially uniform defamation laws based on the model provisions.
