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Amendment of section 18 of Principal Act
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8. (1) Section 18 of the Principal Act is amended—
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(a) in subsection (1), by the substitution of “this section or, in relation to a statement referred to in subsection (1A), the commencement of section 8 of the Defamation (Amendment) Act 2026” for “this section”, and
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(b) by the insertion of the following subsection after subsection (1):
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“(1A) Without prejudice to the generality of subsection (1), it shall be a defence to a defamation action for the defendant to prove that the statement to which the action relates—
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(a) consisted of—
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(i) an inquiry as to whether the person whom the statement concerned had—
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(I) paid for goods or services,
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(II) obtained services, or
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(III) in his or her possession—
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(A) goods,
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(B) proof of payment for goods, or
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(C) proof of payment for services,
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or
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(ii) a statement that the means of payment proffered by the person whom the statement concerned was unable to be, or not capable of being, accepted,
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and
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(b) was not published excessively,
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provided that the person who made the inquiry referred to in paragraph (a)(i) or the statement referred to in paragraph (a)(ii) had a duty or interest in making it.”.
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(2) The amendments effected by subsection (1) shall apply only to causes of action accruing on or after the date of the coming into operation of this section.
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