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✓ PerthNowPower & Policy

WA councillor pushes to tighten defamation law after settling own case

A councillor who settled a defamation case now pushes for stricter WA defamation laws.

Scott Green, a City of Melville councillor, wants Western Australia to adopt a 'serious harm test' for defamation claims. WA is the only Australian state that has not adopted this reform approved by the Council of Attorneys-General in 2020.

Under the test, people would have to prove serious harm to their reputation before a defamation case can proceed. Without it, WA cases can go forward based on less evidence.

Green says this acts as a safeguard against excessive or inappropriate lawsuits. Last year, fellow councillor Clive Ross sued Green for defamation.

In August, they settled and Green issued an apology. Green says his push for legal reform is separate from that resolved matter.

His motion will go to the council on October 20.

WA only
States without reform
2020
Reform approval year
Clive Ross
Plaintiff

Why it mattersIf WA adopts the serious harm test, it could reduce expensive defamation lawsuits. It could encourage people to speak openly about public issues without fear of being sued.

AustraliaWA remains the only state without the serious harm test, putting its residents at higher risk of being sued for defamation than people in other Australian states and territories.

✓ Claims checked against the source. checked 3 h ago

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