Defamation (Miscellaneous) Amendment Bill - Second Reading

The Hon. J.S. LEE (16:01): I rise to indicate that I will be supporting the Defamation (Miscellaneous) Amendment Bill 2024. This bill seeks to make changes to the Defamation Act 2005, based on a set of nationally consistent reforms endorsed by the Standing Council of Attorneys-General, following a national review.

My understanding, from the briefing received by my office from the Attorney-General's office, is that the most important change to the legislation is the extension of the defence of absolute privilege to reports made to police. This will provide victims of crime and witnesses of crime with stronger protection against defamation lawsuits. 

Under these reforms, a person sued for defamation regarding the allegations they made to police about a crime will only need to prove that they made the report to an official of a police force. This change makes the defence ironclad and will prevent victims having to spend significant time and money in defending themselves against a defamation suit for making a report to police.

It is vital that victims and witnesses have confidence to come forward to the police without facing the risk of litigation from a person involved in the alleged criminal offence. It is particularly important to empower victims of domestic violence or sexual assault, who may otherwise have been silenced by the threat of drawn-out legal proceedings.

This bill also makes two reasonable amendments to support people defamed by material posted online.

Firstly, the bill will allow courts to make injunctions against digital intermediaries and publishers that are not a party to a defamatory action. This will allow courts to order online platforms, such as search engines, email providers or social media websites, to remove the defamatory content or take access prevention steps, without the person having to sue the digital intermediary for damages.

Finally, the bill also reasonably sets out the principles that a court must take into consideration in applications for preliminary discovery about the poster or author of defamatory matter.

I believe that these are all sensible changes to the Defamation Act that will bring South Australia more closely in line with legislation in other jurisdictions. I understand that there are a number of amendments being proposed by a number of honourable members in this place, and I will consider those amendments during the debate and the committee stage. I commend the bill.