The ACT is to go-it-alone with defamation law reform after two decades of failure of Australia-wide efforts.
ACT Attorney-General Gary Humphries is to make public an issues paper today.
Mr Humphries has deliberately shied away from a blanket approach, preferring to deal with pressing matters in stages. The paper argues that at present only the very rich can afford to use defamation law to get redress against publications that affect reputation and that large damage awards years after the publication is not the best remedy.
Mr Humphries said that existing ACT law was largely based on 1901 and 1909 NSW Acts which was not satisfactory for the age of the internet.
Mr Humphries has seven main changes in mind with more to come if needed. Corrections and apologies will be encouraged. If people suing who do not engage in serious discussion about apologies, the publisher will get a defence to the action.
The courts will be empowered to force the parties to stick to timetables for court action.
Actions must be commenced within six months of publication with extensions only in special circumstances. The present period is six years.
The law will grant protection for the publication of fair and accurate reports of a wider range of public-interest material (especially from official bodies).
Courts will be instructed to award damages more in line with personal injuries cases rather than being allowed to award open-ended damages.
Truth alone will be a defence with no requirement to prove additionally that the publication was for public benefit.
A separate action for invasion of privacy will be considered. It will be a low-cost affair with a simple process to avoid the complexities of defamation law.
Mr Humphries is seeking public comment on his proposals.