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New Zealand law explained for everyone

Defamation Act 1992

Defences - General

21: Innocent dissemination

You could also call this:

"Defending yourself if you didn't know what you shared was wrong"

Illustration for Defamation Act 1992

You can use a defence if you are sued for defamation and you only published the material as part of your job. You must show you did not know the material was defamatory. You must also show you were not careless in not knowing the material was defamatory.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281234.

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20: Joint publishers, or

"When you and someone else publish something that hurts someone's reputation together"

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22: Consent to publication, or

"Defending yourself if someone agreed to let you share information"

Part 2Defences
General

21Innocent dissemination

  1. In any proceedings for defamation against any person who has published the matter that is the subject of the proceedings solely in the capacity of, or as the employee or agent of, a processor or a distributor, it is a defence if that person alleges and proves—

  2. that that person did not know that the matter contained the material that is alleged to be defamatory; and
    1. that that person did not know that the matter was of a character likely to contain material of a defamatory nature; and
      1. that that person's lack of knowledge was not due to any negligence on that person's part.