- Cook Labor Government introduces legislation to modernise Western Australia’s defamation laws
- Reforms will bring WA largely into line with nationally agreed laws across Australia
- Changes address the challenges of online publication while balancing protection of reputation and freedom of expression
The Cook Labor Government has introduced legislation to modernise Western Australia’s defamation laws with new protections for scientists and other reporting that is in the public interest.
The Civil Liability Legislation Amendment (Defamation) Bill 2026 implements reforms developed through a national review process to address the challenges of communication in the digital age.
The legislation means Western Australia will be brought into line with other Australian jurisdictions, strengthening consistency in the way defamation matters are dealt with across the country.
The Bill responds to significant changes in the way people communicate and access information, particularly through digital and online platforms.
A new serious harm threshold will help ensure claims focus on matters that cause genuine reputational damage.
Where appropriate, an enhanced dispute resolution process will also encourage matters to be resolved without costly court proceedings.
The Bill also introduces new protections for publication in the public interest and for peer-reviewed academic and scientific material.
Greater clarity will be provided about how defamation laws apply to online content and the role of digital platforms and service providers.
The reforms are the result of extensive national consultation involving governments, legal experts, media organisations, academics and technology stakeholders.
By implementing these nationally agreed reforms, Western Australia will progress the transition to a contemporary and nationally consistent defamation framework.
These reforms will ensure Western Australia’s defamation laws remain modern, balanced and fit for purpose in an increasingly digital world.
As stated by Attorney General Tony Buti:
“These reforms modernise Western Australia’s defamation laws to better reflect the way people communicate and access information in today’s digital environment.
“The changes strike a balance between protecting people’s reputations and ensuring the law does not place unreasonable limits on freedom of expression.
“Importantly, this legislation brings Western Australia into line with nationally agreed reforms already adopted across the country to improve consistency and certainty in defamation law.
“These reforms will ensure Western Australia’s defamation laws remain modern, balanced and fit for purpose in the digital world.”
