Uniform Defamation Act — concerns notice + serious harm threshold
Pre-action concerns notice + serious harm threshold for defamation actions.
State and territory law, not a Commonwealth law
Defamation law is state and territory law: each jurisdiction has enacted its own Defamation Act from the uniform model provisions. There is no regulator; claims are brought in state and territory courts. Check the rules in each state or territory where you operate.
Who must comply
Publishers + content creators + employers (vicarious liability) + platform operators (post-Stage 2 reforms).
What triggers it
Allegation of defamation.
When due
Concerns notice 28-day response; proceedings within 1 year (extendable).
Evidence required
Concerns notice + offer to make amends + publication records.
Max penalty
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Summary
Uniform Defamation Acts (post-2021 Stage 1 reforms; Stage 2 internet intermediaries). Pre-action concerns notice required. Serious harm threshold for corporates ('serious financial loss'). Single publication rule. Defences include qualified privilege + scientific reports + responsible publication.
Topics
Related
Reading
Frequently asked questions
- Who must comply with Uniform Defamation Act — concerns notice + serious harm threshold?
- Publishers + content creators + employers (vicarious liability) + platform operators (post-Stage 2 reforms).
- What triggers Uniform Defamation Act — concerns notice + serious harm threshold?
- Allegation of defamation.
- When is Uniform Defamation Act — concerns notice + serious harm threshold due?
- Concerns notice 28-day response; proceedings within 1 year (extendable).
- What evidence is required for Uniform Defamation Act — concerns notice + serious harm threshold?
- Concerns notice + offer to make amends + publication records.
Source: https://www.ag.gov.au/legal-system/publications. Rules Mate is not a law firm. Always verify against the live regulator source before acting.