[no bill text published] NT People Must Give a Concerns Notice Before Suing for Defamation, and Search Engines Cannot Be Held Liable for Defamatory Content

Defamation Legislation Amendment Bill 2025

Introduced by: Marie-Clare Boothby (CLP)

Effects of this bill

If this bill passes, it means that:

People cannot start defamation proceedings unless they first provide a concerns notice.
Digital intermediaries are exempt from liability for caching, conduit or storage services; this applies even if they knew the matter was defamatory.
Courts can order preliminary discovery to identify posters of digital matter.
Courts can order non-party digital intermediaries to remove or restrict digital matter.
Defendants can use the defence of contextual truth.
Defendants can use a scientific or academic journal defence for assessments published in the same journal.
Courts can extend the limitation period for a concerns notice based on the circumstances of the delay.
People cannot start a defamation lawsuit unless they first give the other party a concerns notice.
Companies that provide caching, conduit, or search engine services are not liable for defamatory content. This applies even if the company knew, or should have known, the content was defamatory.
People suing for defamation can now ask the court for preliminary discovery to find out who posted digital content.
People suing for defamation can ask the court to order a digital service provider to remove or restrict defamatory content.
The court must decide if a digital service provider is exempt from liability as soon as possible before a trial starts, unless there are special reasons to wait.
When deciding whether to extend the time limit for a case because of a concerns notice, the court must consider all facts, including why the plaintiff delayed.