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    Criminal defamation

    Under s 257 of the Criminal Law Consolidation Act 1935 (SA), it is a criminal offence to publish, without lawful excuse, defamatory matter about a living person:

    • knowing it is false or being recklessly indifferent as to whether it is true or false, and
    • intending to cause serious harm, or being recklessly indifferent as to whether serious harm is caused.

    The maximum penalty for an offence against s 257 is imprisonment for 3 years.

    A person who would have had a valid defence to a civil claim in defamation will have a lawful excuse for the publication of defamatory matter for the purposes of s 257 [s 257(2)].

    A prosecution under s 257 of the Criminal Law Consolidation Act 1935 (SA) may only proceed with the consent of the Director of Public Prosecutions [s 257(4)].

    Criminal defamation  :  Last Revised: Tue Dec 16th 2025
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