Liability Exemptions for Digital Intermediaries in Defamation Proceedings
Defamation Amendment Bill 2023
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Digital intermediaries are not liable for publishing digital matter if they only provide caching, conduit, or storage services
Courts can make orders against non-party digital intermediaries regarding defamatory digital matter
Courts must consider privacy, safety, and public interest before making orders against intermediaries; this includes whether a poster fears domestic violence
The defence of absolute privilege is updated for publications made to police officials
Courts can postpone deciding if a digital intermediary is exempt from liability; they must consider the cost to the parties
Defendants in defamation cases are deemed to have taken reasonable steps to prevent access to digital matter if those steps were reasonable in the circumstances
Legal documents can be served via email or other electronic messaging