4 August 2025

Overhaul of NT defamation law to protect free expression while easing court strain

| By John Murtagh
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The NT Government’s defamation law reform intends to reduce the workload pressures on courts. Photo: Supreme Court Northern Territory.

The NT Government has passed reforms to defamation laws, which it says will work best for stakeholder parties.

The government said the reforms would better protect victims, streamline the legal process and bolster protections for expression and public debate.

Attorney-General Marie-Clare Boothby said the Defamation Legislation Amendment Bill 2025 was more in line with national laws, which the NT Government said Labor had failed to act on despite the issue being “on the table” since 2020.

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Key reform measures include:

  • The introduction of a “serious harm” threshold, so that only cases involving real reputational damage can go to court. The government provides, as an example, online name-calling between neighbours, which may be troublesome but is not worth wasting court time.
  • Protection of victims who report crime to police from defamation suits, as long as the report is made in good faith.
  • Introduction of an early resolution requirement. This means that before a claim can proceed, there must be an attempt to resolve it without the courts. This may be through a concerns notice, in which a complaining party asks for a post to be taken down, rather than going straight to the courts.
  • A strengthening of the “public interest” defence for journalists and media where issues of public importance are published. This aims to protect freedom of expression and public debate.

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“This bill clears the path for victims to report crimes without fear of defamation, keeps petty disputes out of the courts, and empowers journalists to do their job without being silenced,” Ms Boothby said.

“These reforms also reinforce our belief in an accountable democracy, where the media can hold public figures to account, and where everyday people have confidence that the system is fair, efficient and focused on what matters.

“We’re freeing up the courts so they can focus on serious crime, because that’s where our resources should be.”

The Defamation Legislation Amendment Bill 2025 amended the Defamation Act 2006 and the Limitation Act 1981.

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