Clause 107

In any action for defamation in relation to a statement published at an online location, if it is proved that —

the claimant has made a reasonable request that the defendant publish a reasonable statement by way of explanation or contradiction to the alleged defamatory statement (referred to in this section as a reply statement); and

the defendant has refused or neglected to publish a reasonable reply statement, or has published it in a manner that is not adequate or reasonable having regard to all the circumstances,the court may award enhanced damages to the claimant as the court thinks is just and equitable in the circumstances.(2) The award of enhanced damages that a court may award under subsection (1) —

is in addition to any general and special damages that may be awarded;

is distinct from punitive damages or aggravated damages, and the principles governing the award of those damages need not apply to an award of enhanced damages; and

may in the court’s discretion be awarded in addition to or in lieu of any punitive or aggravated damages. (3) In this section, “online location” means any internet domain, website, webpage, chatroom, chat group, channel, group, forum, social media account page or any other location, that can be accessed by means of the Internet.(4) The Minister may make regulations —

to prescribe the maximum limit of enhanced damages that a court may award under subsection (1) and such regulations may make provisions of a saving or transitional nature; and

to clarify the application of the Limitation Act 1959 to an action for a claim for enhanced damages under this Act including prescribing a period of limitation for that action.”.