Other remedies that may be applicable as an alternative to defamation include an action for injurious falsehood. In this situation, the injured person or corporation will have suffered a monetary loss as a result of a false statement made dishonestly or with intent ...

Defamation proceedings must generally be commenced within one year of the date of publication. For electronic publications, this means the day on which the matter was first uploaded for access or sent electronically to a recipient. If a concerns notice ...

An injunction is an effective remedy as it is a court order preventing or requiring a specific act of defamation, for example, halting the publication of a particular article in a newspaper or requiring a webhost to remove defamatory material from a site. ...

In Carson v John Fairfax & Sons Ltd (1992) 178 CLR 44; [1993] HCA 31, Brennan J said: “The chief purpose of the law in creating a cause of action for defamation is to provide vindication to counter the injury done to the plaintiff in his or ...

An apology is not a defence to a claim of defamation. If a publisher apologises, that apology does not constitute an admission of fault and cannot be used to determine liability in a defamation action. It is supposed that a properly published apology minimises the ...

Defamation actions tend to be time consuming and expensive. Delays in the Courts often mean that an action is decided long after the cause of grievance has been forgotten by all but the parties involved. At the end of a case a ...

If a publisher receives a written concerns notice from a person claiming to have been defamed, the publisher can make an 'offer to make amends'. Such an offer must include publishing a reasonable correction and paying expenses reasonably incurred by ...

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 ...

The Public Interest Disclosure Act 2018 (SA) (formerly the Whistleblowers Protection Act 1993 (SA)) protects people who disclose information relating to substantial risks to public health, safety or the environment, and public officers who disclose information relating to corruption, misconduct and maladministration in public administration. Provided ...

A fair report of proceedings of public concern is also a defence [s 27]. This can include reports of parliamentary, judicial and government proceedings, the proceedings of learned societies, sport and recreation associations, trade associations and meetings of shareholders of an incorporated ...