Stage 2 of the Review of the Model Defamation Provisions

On 12 August 2022, the Meeting of Attorneys-General agreed that the Stage 2 Review of the Model Defamation Provisions (MDPs) should remain a priority area of work in 2022, with the Part A and Part B exposure draft amendments to the MDPs and accompanying papers to be released immediately in August 2022 for public consultation.

Part A of the Stage 2 Review addresses the question of internet intermediary liability in defamation for the publication of third-party content. This includes the matters raised in the High Court decision in Fairfax Media Publications Pty Ltd and Ors v Voller [2021] HCA 27.

Part B considers whether absolute privilege should be extended to cover reports of alleged unlawful conduct to police and other entities, including statutory investigative bodies and professional disciplinary bodies.

Have your say

Part A

The draft amendments and accompanying papers for Part A of the Stage 2 review can be accessed from the New South Wales Department of Communities and Justice website.

Submissions close at 5pm on Friday 9 September 2022 and may be sent by:

If you are interested in participating in the consultation but are unable to make a written submission, please contact defamationreview@justice.nsw.gov.au.

Please note the contents of the submissions may be published, unless otherwise advised. If you wish for your submission to remain confidential, please clearly identify this when you make your submission.

Part B

Consultation on Part B of the Stage 2 review is progressing separately and in accordance with different timeframes. The draft amendments and consultation paper for Part B can be accessed from the Engage Victoria website.

Submissions on the Part B materials close at 5pm on Wednesday 5 October 2022. Comments and submissions can be sent by email to CommunityRightsLawReform@justice.vic.gov.au.

Please note all submissions on Part B will be treated as public documents, unless the submission clearly indicates that it is confidential.