Checklist · Defamation & Media Law

Serious harm evidence table (Defamation Act s 10A)

Evidence table for the serious harm element in s 10A of the Defamation Act 2005 (NSW): extent and audience of publication, gravity of the imputations, evidence of actual harm, and for excluded corporations, serious financial loss.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales, Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the authority it cites, for New South Wales and Australia.
Version
1
Source
Written for this library

When to use it

Use when assessing a client's claim before sending a concerns notice, or when defending one, to collect and test the evidence that the publication caused or is likely to cause serious harm to reputation.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may compile reach, audience and response data from captures and analytics into the table; the lawyer decides whether the evidence shows serious harm and what further evidence is needed.

AI may

  • Tabulate views, shares, comments, search results and republications from the captures and analytics provided
  • List people identified as having read the matter and how they reacted, from the client's instructions and documents
  • Flag gaps in the evidence of actual or likely harm

AI must not

  • Must not conclude that serious harm is established or not established
  • Must not contact readers, witnesses or the publisher
  • Must not prepare witness statements or affidavits on harm

The lawyer checks

  • The evidence addresses harm to reputation, not hurt feelings alone, and both actual and likely harm
  • For an excluded corporation, evidence of serious financial loss is identified
  • Reach data is reliable, captured with dates and sources, and admissible

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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