Australian Capital Territory Repealed Acts

This legislation has been repealed.

DEFAMATION (CRIMINAL PROCEEDINGS) ACT 2001 (REPEALED) - SECT 38

    (1)     It is a defence in relation to the publication of matter that is or may be defamatory (other than any matter imputing criminal behaviour) if the defendant establishes that he or she was not negligent in publishing the matter.

    (2)     For subsection (1), it is sufficient if the defendant establishes—

        (a)     that if the victim had proceeded against the defendant in an action for negligence—

              (i)     the defendant would not have owed a duty of care to the victim; or

              (ii)     the defendant would not have breached a duty of care owed to the victim; or

        (b)     that, because of the publication, the victim did not suffer or is not likely to suffer harm; or

        (c)     the defendant took reasonable steps to ensure the accuracy of the publication.