The proposals to reform defamation laws in NSW are welcome, but they carry a small danger for the ACT.
Changes to defamation laws came into effect in the ACT on July 1. The ACT changes seemed likely to bring a welcome toppling of the ACT as the defamation capital of Australia. Hitherto, many allegedly defamed people brought their actions in the ACT because it was the jurisdiction seen to be most friendly to plaintiffs. The law itself, until July 1, was the toughest in Australia for defendants. The track record of the ACT Supreme Court reveals a marked reluctance to find for media defendants and a record of general generosity to plaintiffs. Moreover, the fact that the ACT – with rare exception – does not have juries means plaintiffs who might not cut well with juries prefer to come to the ACT to sue – even if they are suing publications based in other places. Politicians, senior public servants, lawyers and other professionals invariably chose the ACT where they would not have to face a jury of ordinary people who would be more likely to view them with disfavour. It meant that the ACT defamation list was much longer than it should have been – imposing un unwarranted burden on the ACT courts and ACT taxpayers.
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