New defamation legislation has been introduced into West Australian State Parliament this week. The Defamation Bill 2005 aims to enact model provisions agreed to by the State Attorneys-General in November 2004 in a bid to create nationally uniform defamation laws.

The disparate system of state defamation laws has been a long-standing problem for press freedom. The Alliance supports the new bill, which aims for a balance between protecting personal reputations and free speech.

“Defamation actions should be aimed at early vindication of the reputation of a person who has been defamed rather than providing a way for people to obtain financial compensation” said WA Attorney-General Jim McGinty.

Key features of the legislation include:

• Preventing corporations (except non-profit corporations or a corporation with less than ten employees) from suing for defamation;
• Reducing the limitation period in which to commence a defamation action from six years to one year (except when judicial approval is given in appropriate cases to extend the limitation period to three years);
• Abolishing the difference between libel (written defamatory publications) and slander (verbal defamation);
• Introducing an Offer of Amends procedure to encourage early and voluntary settlement of disputes without litigation - the offer of amends must include an offer to publish a reasonable correction;
• Retaining the defence of truth; and
• Retaining the defence of absolute privilege in usual circumstances such as Parliament, courts and tribunals, as well as protecting publication of fair reports of proceedings of public concern.

South Australia has already introduced the bill. The other states are finalising the details with the intention of entering a bill based on the states’ model into all state parliaments by the end of the year.