A person being sued for defamation has different defences available to them based on which state or territory law applies, prompting calls for a national overhaul.
Australians being sued for defamation may miss out on new defences depending on which state or territory law applies, prompting renewed calls for the federal government to step in to pass national defamation laws.
Attorney-General Mark Dreyfus said in opposition in 2018 that a “national reconsideration” of defamation laws was warranted. At the time, NSW was leading a review process that ultimately resulted in the 2021 changes. His office declined to comment on Sunday. “However, for more than two years now, following the first stage of the reforms, significant differences have opened up between jurisdictions. It seems that even further differences are likely to eventuate.”
“I support the Commonwealth legislating the field if they do the job well. A proper reference to the Australian Law Reform Commission would be a start,” Douglas said.
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