General Press Release No. 223 (October 1998)

Uniform Defamation Laws

The Australian Press Council has this week written to the federal, state and territory Attorneys-General requesting them to resume discussions with the aim of achieving uniform defamation laws throughout Australia as quickly as possible.

The Council said that, for publishers and the general public, national uniformity of communications law is essential in an environment where delivery of information now knows no territorial boundaries. All members of the public should have access to the same information. Newspapers should be able to report the news of the day on an Australia-wide basis without the fear of exposure to litigation in one jurisdiction, and not in another.

The Council is concerned that the Standing Committee of Attorneys-General, at a meeting earlier this year, removed the review of defamation law from its agenda. This decision was described at the time by federal Attorney-General Daryl Williams as "very disappointing". The Press Council agrees with Mr Williams' assessment that the present position of there being separate defamation laws in each state and territory is bad for business and the community.

The Council acknowledged, in its letter to the Attorneys-General, that some states and territories have made efforts to reform their law. However, the Council commented that, even when such reform was carried through, it only exacerbated the problems faced by the press, by increasing the differences in legal regimes.

The Press Council not only urged the Attorneys to place the issue of uniformity back on their agenda but it also suggested a new approach to the consideration of defamation law reform. Instead of leaving it to a state or territory to take the running and produce a draft for others to consider (and, in the past, reject), the Council said that there should be a consultation process with affected parties before drafting commences. Responses should be sought from publishers and broadcasters about the content of defamation law. While this was likely to lead to suggestions for changes, the real priority of the media would be to attain uniformity.

See also
the full submission
1997-8 Freedom of the Press Report - developments in Defamation Law
Press Council's 4 point plan for defamation law reform

for the current state of the law: Press Law in Australia

[ return to top ]