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Defamation Act 2005 – 1 January 2006

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A person may commence an action for defamation where a matter not substantially true is published and the matter is not trivial. However prior to commencing litigation, the aggrieved person is encouraged to give a special notice to the aggressor of the defamatory matter and the aggressor within 28 days may make a special offer to make amends (so as to avoid  litigation). If litigation is not avoided, it is in the best interests of the aggressor to make an apology and publish a correction as this can be taken into consideration by the court.

  • Sections 4, 8, 10, 12, 13, 14, 15, 17, 18, 25, 26, 33, 38, 40, Schedule 5
Reason for law

To promote speedy and non-litigious methods of resolving disputes about the publication of defamatory matter. (Section 3)

Relevant links

Complaints [Australian Press Council]

Citizens’ Right of Reply Information [Queensland Parliament]

I need help with Cyberbullying [Australian Government]

Media, Entertainment & Arts Alliance (MEAA)

Women in Media

Queensland Media Club

Rural Press Club

Australian Press Council

Commonwealth Journalists Association (CJA)

Collective Shout

International Center for Journalists

Journalism Education & Research Association of Australia

International Federation of Journalists

International News Media Association (INMA)

Fondation Hirondelle

International Cities of Refuge Network (ICORN)

PEN International

Reporters Without Borders

Queensland Clarion Awards

Walkely Awards for Excellence in Journalism

Media Peace Awards – UN Association of Australia

Amnesty International – Media Awards

Report list – No Hate Speech Movement [Council of Europe]

SourceBottle

International Social Media Association (ISMA)

OSCE The Representative on Freedom of the Media

Global Investigative Journalism Network

Cybercrime [Commonwealth Director of Public Prosecutions]

Suggested link

Trint

Reword [Tool]

Media article

Internet Access Is Now A Basic Human Right

How investigative journalists are using social media to uncover the truth

Sweden and Finland defend free press

Why the media is a key dimension of global inequality

Can you sue someone for giving you a bad reference?

Where does the latest twist in the House of Hancock saga leave screenwriters?

How the law allows governments to publish your private information

UNESCO report: surveillance and data collection are putting journalists and sources at risk

 

Critique

Sections 43 and 46 are blank sections only there for uniformity. Is this strictly necessary?

Suggested further reading

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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