Attorneys-General agree to revamp defamation law

Defamation laws will be overhauled to reduce some damages payouts and add further protections for journalists.

NSW Attorney-General Mark Speakman. Picture: AAP

The nation’s defamation laws will be overhauled to reduce some damages payouts, add further protections for journalists and update existing rules to account for social media and digital platforms.

NSW Attorney-General Mark Speakman described the reforms as historic after they were signed off at a Council of Attorneys-General meeting on Monday.

The reforms are the first to modify the defamation framework since 2005, Mr Speakman said.

They will include reducing the likelihood of large-scale payouts by clarifying the cap on damages for non-economic loss.

Media publications will also be granted a new public interest defence, and changes will also be introduced to keep minor claims out of court. Serious harm will also have to be “critical ingredient” in any claims.

Mr Speakman described the reforms as representing a “generational change” in how reputations are protected.

A new defence will also be introduced for peer reviewed matters published in scientific and academic journals.

“Social media has resulted in an explosion of minor cases over minor personal slights, clogging courts with costly litigation out of all proportion to the actual complaint,” he said.

“These reforms will bring defamation laws into the modern era, improving the balance between protecting reputations and free speech.”

The CAG meeting also discussed the issue of raising the age of criminal responsibility, though Mr Speakman said there was “still more work” to be completed on the matter and that further reporting would be provided to the CAG before a decision is made.

“I can’t say whether or not a consensus will be reached... but I suspect when the work comes back it will be crunch time,” he said.