Defamation liability exemptions and defences for digital intermediaries
Defamation and Other Legislation Amendment Bill 2025
Private Member's BillAssembly
Introduced by: Deborah Frecklington (LNP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Digital intermediaries are not liable for defamation if they only provide caching, conduit, or storage services.
Search engine providers are not liable for defamation for automated search results and hyperlinks.
Digital intermediaries can avoid liability if they provide an accessible complaints mechanism and take steps to block access to defamatory content.
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.