The ACT's defamation laws will get an overhaul to bring them into the digital age, with the territory's government to introduce changes to better reflect how information is published on the internet.
Attorney-General Shane Rattenbury introduced a bill to amend the ACT's defamation laws, saying the changes would strike a balance between protecting reputations and limiting freedom of expression on the internet.
The changes will make it clearer that digital intermediaries - which include email and digital storage services - are not liable for defamatory material they host, as long as they did not actively publish the content or promote it.
Search engines would not be liable for defamatory material in automatically generated search results, so long as they did not promote the material for commercial gain.
Website hosting services and social media pages will be able to rely on an "innocent dissemination" defence against defamation.
"The defence will operate so that intermediaries cannot be sued for content posted by third parties, provided that they offer a simple complaints process for members of the public and act within seven days to take down content that is allegedly defamatory," the government said.
Courts would also be able to make orders against digital intermediaries who are not party to defamation proceedings to require them to prevent access to defamatory material online.
Mr Rattenbury said the changes were in line with the agreement struck in by the standing council of Australian Attorneys-General to update Australia's uniform defamation laws.
The uniform laws were drafted in 2005 and had not been updated to reflect "significant developments in technology and the digital environment".
The Civil Law (Wrongs) Amendment Bill 2024 was introduced to the Legislative Assembly on Wednesday. Mr Rattenbury first flagged changes to territory defamation laws in May 2021.
The bill will also amend the requirement for an offer to make amends, so online material can be removed or blocked as an alternative to publishing a correction.
The High Court in 2021 ruled media outlets could be sued over defamatory comments made by their audience on Facebook posts of their news articles.
The decision forced news outlets - including The Canberra Times - to more carefully manage comments on social media posts.
Mr Rattenbury said the changes to the ACT's defamation laws would also extend the defence of absolute privilege to communications with police and other prescribed bodies, including the Human Rights Commission and the Integrity Commission.
"This is a complete defence and is intended to discourage alleged perpetrators from commencing or threatening defamation proceedings, or otherwise ensure that courts can quickly dismiss proceedings," he said.
"This will foster a safety community for all Canberrans where criminal and unlawful conduct is able to be reported, appropriately investigated and punished. People should feel confident to come forward with complaints, without fear of being sued for defamation."
