Uniform at Last? An Overview of Uniform, National Defamation Laws

Abstract:     
The national, uniform defamation legislation, which was introduced across Australia in 2006, effected a dramatic change in Australian defamation law. Eight, substantively different systems of defamation law - some purely common law, some codified - were replaced by a statute which was largely common and consistent throughout Australia. This article highlights some of the significant changes brought about by the introduction of the national, uniform defamation laws. It examines how uniform the new laws in fact are. It analyses the legislative restrictions on standing to sue for defamation laws on behalf of deceased persons and corporations. It also explores important procedural changes to the role of judge and jury in defamation trials and the applicable limitation period in defamation proceedings. Finally, this article analyses changes to defences and remedies for defamation.

Keywords: Defamation, Torts, Media law, Australia, National, uniform defamation laws, Law reform, Standing, Corporations, Deceased persons, Limitation periods, Juries, Defences, Remedies, Damages

JEL Classifications: K10, K13, K30

Accepted Paper Series