Tasmania could become the first state in Australia to allow companies to sue for defamation with new State Government laws planned to protect business from “misleading and dishonest campaigns”. Source: Herald Sun
But lawyers warn the proposed laws will stifle free speech, have ramifications for social media users and risk Tasmania becoming the site of national lawsuits.
The Liberals promised to introduce the laws as part of a package of election commitments around rebuilding the forest industry.
Attorney-General Vanessa Goodwin said work was progressing on the policy, but did not provide a timeline for legislation to be introduced.
“We remain committed to implementing our plan to change the defamation laws and work is progressing on this matter,’’ Dr Goodwin said.
“This policy is all about protecting companies and their workers from misleading and dishonest campaigns, such as that against Ta Ann which saw 40 Tasmanians lose their jobs.”
Before the Tasmanian Forest Agreement was torn up by the Government, timber company Ta Ann was the subject of international campaigning by environment groups such as Markets for Change.
The groups raised concerns about Tasmanian logging practices with buyers of the state’s timber products, action Ta Ann said caused it to lose customers. It is this kind of activity the Government wants to stamp out by paving the way for companies to sue protesters.
Environmental Defenders Office principal lawyer Jess Feehely said the changes would threaten the public’s right to raise concerns.
“The restriction on companies taking defamation action was a recognition that defamation is about protecting personal reputation and that companies have a number of options available to them,’’ Ms Feehely said.
“The defamation laws we have are uniform national laws so any changes would take Tasmania outside standard practice.
“Currently with social media, defamation is spread more widely so people can choose where they take action — I would be concerned if Tasmania was seen as the place to go because defamation laws were weaker.”
She said Liberal policies, such the anti-protest laws and the defamation legislation, sent a concerning message.
“There’s a whole suite of commitments that were made that are attempting to reduce the role of the public overseeing,” she said.
Law Society of Tasmania president Matthew Verney said any laws that impinged on the right to free speech needed to be treated with great care.
“Where is the demonstrated need for it? It’s something we’ve said about other legislation the Government has pursued or tried to pursue,” Mr Verney said.
