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Injunctions and other orders

An injunction is an effective remedy as it is a court order preventing or requiring a specific act, such as halting the publication of a particular article in a newspaper or requiring a webhost to remove defamatory material from a site. Injunctions are rarely granted in defamation actions, unless it is clear that the statement is defamatory and that the defendant does not intend to plead a defence. It may be used to prevent an intended defamation or where there is a real danger that a person will repeat a defamation already published.

From 15 December 2025, a court may also make orders against persons or corporations not party to the proceedings. Under s 37A of the Defamation Act 2005 (SA), a court that has decided in favour of a plaintiff or granted a temporary or final injunction may order a digital intermediary who is not a party to proceedings to take steps to remove, block, disable or prevent access to matter to prevent or limited the continued publication or republication of defamatory matter. A digital intermediary is someone other than an author, originator or poster of matter, who provides or administers an online service (such as a website or social media platform) by means of which digital matter is published [s 4]. An order may be made regardless of whether the digital intermediary is liable for defamation [s 37A(6)]. The digital intermediary must be given an opportunity to be heard before orders are made, unless a temporary order needs to be made expeditiously [s 37A(4), (5)].

Injunctions and other orders  :  Last Revised: Tue Dec 16th 2025
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