---
title: "Pre-publication legal review checklist (including AI-generated text, images and quotes)"
url: "https://ailawframework.com/precedents/defamation-and-media-law/pre-publication-review-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a33-pre-publication-review-checklist"
area_id: "A33"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/defamation-and-media-law/pre-publication-review-checklist  
Law stated as at: 2026-10-17

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Defamation & Media Law](https://ailawframework.com/precedents/defamation-and-media-law.md)
- Jurisdictions: Australia, New South Wales, European Union
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 13 authorities it cites, for Australia, New South Wales and European Union.

## 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- Must not process unpublished drafts, confidential sources or leaked documents in a tool not approved for that material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

## Authorities

- [Defamation Act 2005 (NSW) ss 9, 10, 10A (who may sue; serious harm)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.10A)
- [Defamation Act 2005 (NSW) ss 25, 26 (justification; contextual truth)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.25)
- [Defamation Act 2005 (NSW) ss 28, 29 (public documents; fair report)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.29)
- [Defamation Act 2005 (NSW) s 29A (public interest defence)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.29A)
- [Defamation Act 2005 (NSW) ss 30, 31 (qualified privilege; honest opinion)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.31)
- [Defamation Act 2005 (NSW) s 31A (digital intermediaries defence)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.31A)
- [Fairfax Media Publications Pty Ltd v Voller 2021 HCA 27](https://www.hcourt.gov.au/cases-and-judgments/judgments/judgments-1998-current/fairfax-media-publications-pty-ltd-v-voller)
- [Court Suppression and Non-publication Orders Act 2010 (NSW)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-106)
- [Children (Criminal Proceedings) Act 1987 (NSW) s 15A](https://legislation.nsw.gov.au/view/html/inforce/current/act-1987-055#sec.15A)
- [Crimes Act 1900 (NSW) s 578A](https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.578A)
- [Privacy Act 1988 (Cth) s 7B(4) and Sch 2 (statutory tort for serious invasions of privacy)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Copyright Act 1968 (Cth) ss 42, 103B (fair dealing for reporting news)](https://www.legislation.gov.au/C1968A00063/latest/text)
- [Regulation (EU) 2024/1689 (AI Act) art 50(4)](https://eur-lex.europa.eu/eli/reg/2024/1689/oj/eng)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/defamation-and-media-law/pre-publication-review-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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