Websites and Search Engines Can Be Held Liable for Defamation Unless They Meet Certain Rules, and Courts Can Block Content or Identify Users
Defamation and Other Legislation Amendment Bill 2025
Topics
court procedures data privacy defamation digital intermediaries digital services internet liability internet regulation online content privacy public interest search engines +6 more
Introduced by: The Hon Deborah Frecklington MP (LNP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Digital service providers that only store, cache, or move data are not liable for defamation if they did not start the publication, pick the recipients, or edit the content.
Search engine providers are not liable for defamation for automated search results, unless they were paid to promote or prioritise those results.
Digital intermediaries can defend themselves against defamation claims if they have a complaints process and take reasonable steps to block access to the content within 7 days of a written complaint.
Courts must consider privacy and safety before ordering the disclosure of a poster's identity or address.
Courts can order digital intermediaries to block access to defamatory content even if the intermediary is not a party to the lawsuit.
Police officials have absolute privilege against defamation claims for matter published to them while on duty.
Publishers of digital matter can offer to block access to content as part of an offer to make amends.
Courts can order preliminary discovery to help people identify who posted digital matter or find their addresses.
Courts can order a digital intermediary to block access to content if a judgment or injunction has been made against the person who posted it.
People have absolute privilege when they publish matter to a police official acting in their official capacity.
People cannot be charged with criminal defamation if they would be exempt or have a defence under the civil laws for digital intermediaries.
Judges must decide as early as possible if a digital intermediary is exempt from liability to avoid unnecessary trials.