Aggravated damages in defamation are not limited to injury to feelings and may be awarded for additional harm to reputation, making them available in principle to corporate plaintiffs, though the corporate plaintiff must prove the aggravating conduct caused further reputational harm. Exemplary damages may be awarded against media defendants who broadcast defamatory material in contumelious disregard of the plaintiff's rights, including by trespassing on premises, using covert listening devices, broadcasting knowingly false allegations, and excising exculpatory material. Provisions of the Defamation Act 1974 (NSW) governing damages assessment are substantive law and do not apply to defamation proceedings conducted in the ACT.
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