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DEFAMATION ACT 2005
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
3. Objects of Act
4. Interpretation
5. Act binds Crown
PART 2--General principles
Division 1--Defamation and the general law
6. Tort of defamation
7. Distinction between slander and libel abolished
Division 2--Causes of action for defamation
8. Single cause of action for multiple defamatory imputations in same matter
9. Certain corporations do not have cause of action for defamation
10. No cause of action for defamation of, or against, deceased persons
10A. Serious harm element of cause of action for defamation
Division 3--Choice of law
11. Choice of law for defamation proceedings
PART 3--Resolution of civil disputes without litigation
Division 1--Concerns notices and offers to make amends
12. Application of Division
12A. Concerns notices
12B. Defamation proceedings cannot be commenced without concerns notice
13. Publisher may make offer to make amends
14. When offer to make amends may be made
15. Content of offer to make amends
16. Withdrawal of offer to make amends
17. Effect of acceptance of offer to make amends
18. Effect of failure to accept reasonable offer to make amends
19. Inadmissibility of evidence of certain statements and admissions
Division 2--Apologies
20. Effect of apology on liability for defamation
PART 4--Litigation of civil disputes
Division 1--General
21. Permission required for multiple proceedings in relation to publication of same defamatory matter
Division 2--Defences
22. Scope of defences under general law and other law not limited
23. Defence of justification
24. Defence of contextual truth
25. Defence of absolute privilege
26. Defence for publication of public documents
27. Defences of fair report of proceedings of public concern
27A. Defence of publication of matter concerning issue of public interest
28. Defence of qualified privilege for provision of certain information
28A. Defence of scientific or academic peer review
29. Defences of honest opinion
30. Defence of innocent dissemination
Division 3--Remedies
32. Damages to bear rational relationship to harm
33. Damages for non-economic loss limited
34. State of mind of defendant generally not relevant to awarding damages
35. Exemplary or punitive damages cannot be awarded
36. Factors in mitigation of damages
37. Damages for multiple causes of action may be assessed as single sum
Division 4--Costs
38. Costs in defamation proceedings
PART 5--Miscellaneous
39. Proceedings for an offence do not bar civil proceedings
40. Proof of publication
41. Giving of notices and other documents
42. Regulations
SCHEDULE A1--Additional publications to which absolute privilege applies
1 Matters arising out of proceedings of Parole Board
SCHEDULE 1--Transitional provisions
Legislative history
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