Submission: Review of model defamation provisions

Defamation law is one of the many legal areas that Arts Law advises on. Arts Law primarily provides pre-publication advice however also assists in the pre-litigation process through the review or drafting of correspondence between parties.

Arts Law makes this submission on behalf of our broad client base including those who practice as:

• authors including journalists;
• digital storytellers (such as podcasters);
• film makers including documentary film makers;
• visual artists including photographers; and
• peak or professional organisations which represent the interests of the above clients.

Arts Law did not make a previous submission to the February 2019 discussion paper, however we have been following the discussions around reform to the Model Defamation Provisions. As we have clients who may be impacted by the proposed amendments, we are writing to provide our support on a number of the proposed key changes released in the ‘Model Defamation Amendment Provisions 2020 (Consultation Draft)’.

It is the overall position of Arts Law that there are several outdated provisions under the current legislation, especially as they apply in the digital era. These provisions have favoured plaintiffs seeking to protect their reputations above freedom of expression.