If matter is published on an occasion of absolute privilege, there can be no action for defamation even if the words are false and were published with malice. The defence of absolute privilege recognises situations in which there is a strong public interest in the free flow of information.

Occasions of absolute privilege include parliamentary proceedings and court and tribunal proceedings [Defamation Act 2005 (SA) s 25]. The defence would ordinarily apply to any material published in the course of proceedings, including statements, submissions, evidence, documents, transcripts, decisions, orders and judgments.

From 15 December 2025, making a report to an officer, employee or member of staff of a police force acting in their official capacity will also be considered an occasion of absolute privilege [s 25(2)(ba)].

Public Documents

The Defamation Act 2005 (SA) also provides a broad defence for the publication of defamatory matter contained in public documents [s 26].

Information published by the Crown

When the Crown (the government) provides information under the Freedom of Information Act 1991 (SA), it is protected from any liability for defamation [Freedom of Information Act 1991 (SA) s 50].

The Crown (from 2 October 2015) also cannot be sued for defamation for publication of certain other information as set out in the Civil Liability Regulations 2013 (SA). The Civil Liability Act 1936 (SA) envisages that the Crown may wish to make information public on its own initiative rather than in response to a Freedom of Information Act application [s 75A]. Under the Regulations, the Crown has no civil liability for publication of the following types of information [reg 26]: