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Defences

It is not a defence to an action for defamation that a person was merely repeating what another person said. It is also irrelevant that the person to whom the defamatory material was published did not believe it.

However, there are valid defences that may apply, depending on the circumstances of the case. The Defamation Act 2005 (SA) includes a range of defences including expanded common law defences and new statutory defences.

Defences  :  Last Revised: Mon Dec 15th 2025
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.