Defamation

Reference received: ​4 November 1992​

Note: For an earlier review of the law of defamation, see Defamation (1966-1971)

Report

Report 75: Defamation (PDF, 718.3 KB), September 1995

• Tabled in parliament: 5 December 1995

Discussion paper

​Discussion Paper 32: Defamation, August 1993

Terms of reference

To inquire into and report on the law of defamation in New South Wales, with particular reference to:

(a) the relative roles of the judge and jury;

(b) standards, defences, onus and procedures;

(c) the determination of damages;

(d) non-monetary remedies, including court-ordered correction statements;

(e) alternative or additional techniques of dispute resolution;

(f) the need for provision of a separate tort of invasion of privacy;

(g) the need for the provision of "shield laws" to protect journalist's sources; and

(h) any related matters.

The Commission should provide drafting instructions for amendment of the Bill, and in doing so, taking into consideration such empirical data relating to defamation matters as may be available and to have particular regard to the proposals of the Standing Committee of Attorneys General for uniformity of defamation laws in Australia and the Discussion Paper and Report of the Legislative Committee on the Defamation Bill 1992.