Checklist · Defamation & Media Law

Pre-publication legal review checklist (including AI-generated text, images and quotes)

A pre-publication legal read covering identification, meanings, defences, court-reporting restrictions, privacy and copyright, plus specific checks for AI-assisted text, transcripts, translations and synthetic images.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, New South Wales, European Union
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use for any item that names or identifies people or businesses in a critical way, reports on court proceedings, or used AI tools in research, writing or images. It does not replace advice on a specific high-risk story.

How AI may be used

AI may flag statements about identifiable people, list candidate meanings and mark unsupported claims for the lawyer; deciding meaning, risk and defences is a lawyer task.

AI may

  • Flag passages that identify people or businesses and list candidate meanings with the words relied on
  • List factual claims in the draft that have no supporting document on the file
  • Compare quotes in the draft with the transcript the journalist has checked against the recording

AI must not

  • Must not decide what the item means, whether it is defamatory or whether a defence is available
  • Must not process unpublished drafts, confidential sources or leaked documents in a tool not approved for that material
  • Must not be relied on to say that an image, audio or video is genuine or synthetic

The lawyer checks

  • Each defamatory meaning has evidence of truth or a defence supported by the file
  • Suppression orders and identification bans were checked with the court, not only with the reporter
  • Every AI-assisted fact, quote and image has a recorded human verification step

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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All precedents for Defamation & Media Law · Tasks and AI use in this area