The general law has divided defamation into two categories - libel and slander. Libel is the publication of defamatory matter in permanent form, while slander is the publication of defamatory matter in non-permanent form. Something defamatory that is printed in a newspaper or book is libel, but the same thing, if spoken, is slander. Under the Broadcasting Services Act 1992 (Cth), the publication of defamatory matter over radio or television is deemed to be in permanent form and is, therefore, libel [s.206].

Since the introduction of the Defamation Act 2005 on 1st January 2006, the distinction between slander and libel is abolished and the publication of defamatory matter of any kind is actionable without proof of special damage.

‘Special damage’ usually means an identifiable loss, arising as the direct, natural and reasonable result of the publication of the words. An example of special damage is the loss of employment following the publication of defamatory words.