DEFAMATION LAW IN AUSTRALIA

The Australian law on defamation tends to follow its English counterpart, although there are differences introduced by state statutes and by an implied constitutional limitation on governmental powers to limit political speech. The laws on defamation in Australia are a matter of state concern. Yet, they have been progressively standardized across states since the enactment of the model Defamation Act on January 1, 2006. The only state that did not adopt fully the model law of 2006 was Tasmania, which retained the right for suits on behalf of the dead. In Australia, defamation actions are essentially concerned with damage to reputation, rather than publication being untrue or an invasion of a plaintiff's privacy. This article defines important Australian defamation law’s terms like ‘publication’ and ‘injurious falsehood;’ it also provides information on the statute of limitation for defamation actions in Australia; and briefly informs on what truly constitutes defamation under Australian law.

The following questions have been addressed in this article:

What is meant by "a publication"?
Is there a statute of limitations for defamation actions in Australia?
What is the meaning of “injurious falsehood”?
What Constitutes defamation in Australia?

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