The Non Defamation Agreement serves as a preventive legal instrument in situations where there is a need to protect against potential defamatory statements or manage existing defamation concerns. It is particularly relevant in the Australian legal context, where defamation laws have been modernized to address digital age challenges. This document is commonly used in business separations, employment terminations, dispute settlements, or high-profile relationships where reputation management is crucial. It incorporates provisions from Australia's uniform defamation law framework, including recent reforms addressing digital platforms and serious harm requirements, while providing clear mechanisms for enforcement and dispute resolution.
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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and any relevant business or professional capacities
2. Background: Context of the agreement, including any existing disputes or relationships between the parties
3. Definitions: Detailed definitions of key terms including 'defamation', 'publication', 'confidential information', and other relevant terms
4. Non-Defamation Obligations: Core obligations of parties to refrain from making defamatory statements, including specific prohibited actions
5. Scope of Agreement: Detailed description of what communications and contexts are covered by the agreement
6. Duration: Term of the agreement and any survival provisions
7. Confidentiality: Obligations regarding confidentiality of the agreement and any related matters
8. Remedies and Enforcement: Consequences of breach and available remedies including injunctive relief
9. Dispute Resolution: Process for resolving disputes related to the agreement
10. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability
1. Social Media Protocol: Specific provisions regarding social media posts and online communications, recommended when parties have significant social media presence
2. Public Statements: Protocol for making public statements about the other party or related matters, useful for public figures or high-profile cases
3. Third Party Obligations: Provisions regarding statements made to or through third parties, important when other entities might be involved
4. Retraction and Correction Procedure: Process for handling existing defamatory content and making corrections, needed when addressing existing publications
5. Media Communications: Specific provisions for dealing with media inquiries and press releases, important for high-profile cases
6. Mutual Non-Disparagement: Broader provisions beyond defamation covering general negative statements, useful in business or employment contexts
7. Future Dealings: Framework for future interactions between parties, relevant when ongoing relationship exists
1. Schedule A - Prohibited Statements: Specific list of statements or topics that are explicitly prohibited under the agreement
2. Schedule B - Approved Public Statements: Pre-approved statements that parties may make about the matter
3. Schedule C - Communication Channels: List of specific platforms, media outlets, or channels covered by the agreement
4. Schedule D - Prior Publications: List of existing publications or statements that must be removed or amended
5. Schedule E - Contact Persons: Designated representatives for communications regarding the agreement
6. Appendix 1 - Complaint Procedure: Detailed procedure for raising and addressing potential breaches of the agreement
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