The Bill is based on a raft of reforms proposed by the Council of Attorneys-General in late July. It is expected that identical copies will be passed in all other States and Territories. The amendments signal to the courts that the balance must shift towards freedom of expression.

Among the most significant inclusions are:

• a 'serious harm' element to weed out trivial claims;
• a dedicated public interest defence for reports on matters of public concern;
• a single publication rule so that the limitation period for online publications runs from the date the material is first uploaded rather than each time it is downloaded;
• clarification that a defendant may 'plead back' a plaintiff’s imputations to establish a defence of contextual truth; and
• provisions aimed at clarifying the statutory cap for damages for non-economic loss.

Defamation law remains a 'Frankenstein’s monster' of 'countless complications and piecemeal reforms riveted to the rusting hulk of a centuries’ old cause of action', but these reforms represent a significant improvement. The effectiveness of the new provisions will, however, largely hinge on how they are interpreted by courts.