The Defamation Act 2005 (SA) provides a streamlined approach to resolve disputes without litigation and to encourage speedy settlement.
An aggrieved person must give the publisher a ‘concerns notice’ before commencing court action.
The concerns notice must [s 12A]:
- be in writing
- specify the location of the defamatory matter (e.g. a webpage address)
- a copy of the defamatory matter should be provided where practicable
- inform of the defamatory imputations the aggrieved person considers are carried by the publication
- inform as to the serious harm the person considers (likely to be) caused to their reputation
An aggrieved person that is an excluded corporation must also outline the financial loss they consider (likely to be) caused by the publication [s 12A(1)(a)(v)].
A publisher may request the aggrieved person provide further particulars within 14 days [s 12A(4)]. If the aggrieved person fails to provide the particulars within the timeframe, the concerns notice is taken not to have been given [s 12A(5)].