Justice, home affairs and migration minister Jim O’Callaghan yesterday signed a commencement order bringing most of the provisions of the Defamation (Amendment) Act 2026 into force from 1 March 2026.

Other provisions to be commenced on that date include:

• providing statutory jurisdiction for the Circuit Court to make orders requiring identification of anonymous posters of defamatory material;
• amending and simplifying the defence of fair publication in the public interest;
• introducing new statutory defences for ‘retail defamation’ cases and for live broadcasting;
• introducing a ‘serious harm’ test for bodies corporate; and
• encouraging alternative dispute resolution including a revised ‘offer of amends’ procedure.

Part 7 of the Act, which contains provisions in relation to abusive proceedings against public participation (SLAPPs), will not be commenced until the Strategic Lawsuits Against Public Participation Bill is passed.

Mr O’Callaghan said: “I am pleased to have signed the orders commencing the majority of the Defamation (Amendment) Act 2026 today.

“This is an important Act that balances and safeguards the rights to freedom of expression with the protection of a person’s good name and reputation, and the right of access to justice.

“Commencement will bring considerable reform to defamation law.”