Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (INTEGRITY, DEFAMATION AND OTHER MATTERS) ACT 2024 (NO. 31 OF 2024) - SECT 17

After section 23 of the Defamation Act 2005 insert —

        " 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 a defamation proceeding 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 a poster of the matter;

        (b)     to obtain information to assist in locating a physical or digital address for the poster of the matter to allow a concerns notice to be given to them or a defamation proceeding 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

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.".