New South Wales Consolidated Acts

DEFAMATION ACT 2005 - SECT 23A

23A Orders for preliminary discovery about posters of digital matter

(1) This section applies if the court procedure law for a court allows a person seeking to bring defamation proceedings for the publication of digital matter to obtain an order for, or in the nature of, preliminary discovery for either or both of the following purposes--

(a) to obtain information to assist in identifying the posters of the matter,

(b) to obtain information to assist in locating physical or digital addresses for the posters of the matter to allow concerns notices to be given to them or defamation proceedings against them to be commenced.

(2) Despite anything to the contrary in the court procedure law for a court, the court must take the following matters into account before making an order mentioned in subsection (1)--

(a) the objects of this Act,

(b) privacy, safety or other public interest considerations that may arise if the order is made.

Example for paragraph (b)--: Evidence suggesting the poster of digital matter is in fear of domestic violence from the person seeking an order to obtain the poster's address.

(3) This section does not limit the matters the court may take into account before making an order mentioned in subsection (1).

(4) In this section--

"court procedure law" for a court means--

(a) rules of court for the court, or

(b) an Act or other legislation that regulates the practice or procedure of the court, or

(c) the general law concerning the inherent or implied jurisdiction or powers of the court.