Some statements are absolutely privileged, so that there can be no action for defamation even if the words were false and were published with malice. Statements that are protected by absolute privilege include those which are made in [s 25]:

Public Documents

The Defamation Act 2005 (SA) also provides a broad defence for the publication of defamatory matter contained in public documents [s 26].

Information published by the Crown

When the Crown (the government) provides information under the Freedom of Information Act 1991 (SA), it is protected from any liability for defamation [Freedom of Information Act 1991 (SA) s 50].

The Crown (from 2 October 2015) also cannot be sued for defamation for publication of certain other information as set out in the Civil Liability Regulations 2013 (SA). The Civil Liability Act 1936 (SA) envisages that the Crown may wish to make information public on its own initiative rather than in response to a Freedom of Information Act application [s 75A]. Under the Regulations, the Crown has no civil liability for publication of the following types of information [reg 26]: