---
title: "Serious harm evidence table (Defamation Act s 10A)"
url: "https://ailawframework.com/precedents/defamation-and-media-law/serious-harm-evidence-table"
type: "precedent"
site: "AI Law Framework"
id: "a33-serious-harm-evidence-table"
area_id: "A33"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A33-T1-R3", "A33-F20261018-3"]
law_stated_as_at: "2026-10-18"
---

# 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…

Canonical page: https://ailawframework.com/precedents/defamation-and-media-law/serious-harm-evidence-table  
Law stated as at: 2026-10-18

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

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.

## 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: New South Wales, Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the authority it cites, for New South Wales and Australia.

## 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

- [Build a serious-harm or threshold-evidence table](https://ailawframework.com/practice/defamation-and-media-law/build-a-serious-harm-or-threshold-evidence-table.md)
- [Compile the extent-of-publication data for the respondent’s statement](https://ailawframework.com/practice/defamation-and-media-law.md#A33-F20261018-3)

## 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

## Authorities

- [Defamation Act 2005 (NSW) s 10A (serious harm element: publication has caused or is likely to cause serious harm to reputation; excluded corporations must show serious financial loss)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2005-077)

## 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/serious-harm-evidence-table 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.*