---
title: "Record that malice is disregarded unless it affects the harm"
url: "https://ailawframework.com/practice/defamation-and-media-law/record-that-malice-is-disregarded-unless-it-affects-the-harm"
type: "task"
site: "AI Law Framework"
id: "A33-PE20261022-20"
practice_area: "Defamation & Media Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record that malice is disregarded unless it affects the harm

> On the damages worksheet, record that in awarding damages the malice or other state of mind of the defendant is disregarded, at the time of publication or at any other time, except to the extent that it affects the…

Canonical page: https://ailawframework.com/practice/defamation-and-media-law/record-that-malice-is-disregarded-unless-it-affects-the-harm  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Defamation & Media Law](https://ailawframework.com/practice/defamation-and-media-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | On the damages worksheet, record that in awarding damages the malice or other state of mind of the defendant is disregarded, at the time of publication or at any other time, except to the extent that it affects the harm sustained by the plaintiff. Record any fact the lawyer has marked as affecting that harm. Do not propose an amount. |
| What the lawyer must review | The lawyer decides whether any malice or other state of mind affects the harm, and decides the amount of damages. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: On the damages worksheet, record that in awarding damages the malice or other state of mind of the defendant is disregarded, at the time of publication or at any other time, except to the extent that it affects the harm sustained by the plaintiff. Record any fact the lawyer has marked as affecting that harm. Do not propose an amount.
- What the lawyer does: The lawyer decides whether any malice or other state of mind affects the harm, and decides the amount of damages.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Record that malice or another state of mind is disregarded, at publication or at any other time.
2. Record the exception only so far as the lawyer says the state of mind affects the harm.
3. Do not propose an amount, and do not apply the cap or the rational-relationship check in this line.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Defamation Act 2005 (NSW) s 36, state of mind generally not relevant to damages](https://classic.austlii.edu.au/au/legis/nsw/consol_act/da200599/s36.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/defamation-and-media-law/record-that-malice-is-disregarded-unless-it-affects-the-harm/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*