Northern Territory Numbered Acts

DEFAMATION ACT 2006 (NO 8 OF 2006)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Objects of Act  
   3.      Definitions  
   4.      Act binds Crown  

   PART 2--GENERAL PRINCIPLES

           Division 1 -- Defamation and the general law

   5.      Tort of defamation  
   6.      Distinction between slander and libel abolished  

           Division 2 -- Causes of action for defamation

   7.      Single cause of action for multiple defamatory imputations in same matter  
   8.      Certain corporations do not have cause of action for defamation  
   9.      No cause of action for defamation of, or against, deceased persons  

           Division 3 -- Choice of law

   10.     Choice of law for defamation proceedings  

   PART 3--RESOLUTION OF CIVIL DISPUTES WITHOUT LITIGATION

           Division 1 -- Offers to make amends

   11.     Application of Division  
   12.     Publisher may make offer to make amends  
   13.     When offer to make amends may be made  
   14.     Content of offer to make amends  
   15.     Withdrawal of offer to make amends  
   16.     Effect of acceptance of offer to make amends  
   17.     Effect of failure to accept reasonable offer to make amends  
   18.     Inadmissibility of evidence of certain statements and admissions  

           Division 2 -- Apologies

   19.     Effect of apology on liability for defamation  

   PART 4--LITIGATION OF CIVIL DISPUTES

           Division 1 -- General

   20.     Leave required for further proceedings in relation to publication of same defamatory matter  

           Division 2 -- Defences

   21.     Scope of defences under general law and other law not limited  
   22.     Defence of justification  
   23.     Defence of contextual truth  
   24.     Defence of absolute privilege  
   25.     Defence for publication of public documents  
   26.     Defences of fair report of proceedings of public concern  
   27.     Defence of qualified privilege for provision of certain information  
   28.     Defences of honest opinion  
   29.     Defence of innocent dissemination  
   30.     Defence of triviality  

           Division 3 -- Remedies

   31.     Damages to bear rational relationship to harm  
   32.     Damages for non-economic loss limited  
   33.     State of mind of defendant generally not relevant to awarding damages  
   34.     Exemplary or punitive damages cannot be awarded  
   35.     Factors in mitigation of damages  
   36.     Damages for multiple causes of action may be assessed as single sum  

           Division 4 -- Costs

   37.     Costs in defamation proceedings  

   PART 5--MISCELLANEOUS MATTERS

   38.     Proof of publication  
   39.     Proof of convictions for offences  
   40.     Incriminating answers, documents or things  
   41.     Giving of notices and other documents  
   42.     Regulations  

   PART 6--REPEALS AND TRANSITIONAL MATTERS FOR DEFAMATION ACT 2006

   43.     Definitions  
   44.     Repeal  
   45.     Application of this Act  
   46.     References to repealed Act  
   47.     Transitional regulations  

   PART 7--CONSEQUENTIAL AMENDMENTS

           Division 1 -- Amendment of Limitation Act

   48.     Principal Act amended  
   49.     Amendment of section 12 (Actions in contract, tort etc.)  
   50.     Amendment of section 44 (Extension of periods)  
   51.     New Part III, Division 3  
   52.     New Part V  

           Division 2 -- Amendment of Juries Act

   53.     Principal Act amended  
   54.     New section 6A  
   55.     Amendment of section 7 (Juries in other civil cases)  

           Division 3 -- Expiry of Part

   56.     Expiry  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4