Non Defamation Agreement Template for Australia

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Key Requirements PROMPT example:

Non Defamation Agreement

"I need a Non Defamation Agreement between my technology company and a departing senior executive, with specific provisions for social media posts and industry commentary, to take effect from March 1, 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Media and Entertainment

Professional Services

Healthcare

Education

Financial Services

Technology

Sports

Politics and Government

Retail

Hospitality

Non-profit Organizations

Social Media and Digital Platforms

Public Relations

Legal Services

Corporate Services

Relevant Teams

Legal

Public Relations

Human Resources

Corporate Communications

Media Relations

Risk Management

Marketing

Social Media

Corporate Affairs

Compliance

Executive Leadership

Brand Management

Relevant Roles

Chief Executive Officer

Public Relations Manager

Human Resources Director

Communications Director

Legal Counsel

Media Relations Manager

Brand Manager

Corporate Affairs Director

Talent Manager

Business Development Executive

Marketing Director

Social Media Manager

Publicity Manager

Risk Management Officer

Company Secretary

Board Member

Managing Director

Chief Communications Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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