Submission: Review of Model Defamation Provisions

Responsibility for defamation law sits with individual states and territories, however, the Model Defamation Provisions (MDPs) inform how the state-based legislation is enacted. The original MDPs were endorsed in 2005, and they are now in the process of being reviewed and ammeded.

Part A of the Stage 2 Review of the MDPs addresses questions related to internet intermediaries.

In our submission, Digital Rights Watch highlights the role that defamation law is currently playing in influencing public discussion and political debate regarding internet policy, with flow-on effects for proposed internet regulation.

We focus primarily on the question of privacy, safety and public interest when ordering internet intermediaries (e.g. a social media platform) to provide identifying details of an anonymous account that has allegedly posted defamatory content.

You can read our submission below, or download the PDF here.