Key Questions Answered by Queensland Defamation Lawyers

Published by Odyssey Legal | Business & Litigation Lawyers

Within this article, our expert defamation lawyers will address key defamation questions that we regularly receive. If you're in Queensland and researching defamation, then we have got you covered.

Defamation is a legal term that refers to false statements made about a person or a business that causes harm to their reputation. In today’s digital-first world, where information spreads at lightning speed, a single false accusation can wreak havoc on your personal or professional life.

At Odyssey Legal, we recognise the damage that defamatory remarks can cause. Whether whispered among colleagues or broadcasted on global platforms like Facebook and Instagram, defamatory statements can lead to serious personal, professional, and financial consequences.

Now let's dive into the key questions we get asked about defamation in Queensland.

Table of Contents

What is Defamation?

Legal Answer: Defamation means damaging someone's reputation by making false statements about them.

Plain English Answer: if you tell lies about someone that harm their reputation, that's defamation.

Definition: Defamation is defined as 'the action of damaging the reputation of a person or group by saying or writing bad things about them that are not true'

In Australia, defamation law protects people and businesses from having their reputations unfairly damaged by false and harmful statements—whether spoken, written, or posted online.

To qualify legally, the publication must:

• Be published to at least one other person;

• Be false and not a matter of opinion;

• Cause serious harm to the subject’s reputation.

Both individuals and businesses can be targets of defamation.

Impact of Defamation on Individuals and Businesses

The fallout from defamation can be devastating:

• Individuals may experience emotional distress, loss of employment, and damaged relationships.

• Businesses might suffer loss of clients, revenue decline, and permanent brand tarnishing.

For small businesses, even a handful of negative online reviews based on falsehoods can severely impact their bottom line.

Types of Defamation You Should Know

Understanding the two primary types of defamation is crucial:

Libel: Defamation in Written (or Permanent) Form

Libel involves defamation that is permanent in nature, such as:

• Articles

• Social media posts

• Emails

• Online reviews

Slander: Defamation in Spoken Form

Slander involves non-permanent forms of defamation, such as:

• Verbal accusations

• Radio interviews

• Public speeches

Both types can cause extensive harm, but libel is often easier to prove because written words can be preserved as evidence.

Essential Elements to Prove Defamation

Under the Defamation Act 2005 (Qld), to succeed in a defamation lawsuit, the following key elements must be satisfied:

1. The Publisher has made a publication;
2. The publication was made to a third party;
3. The publication is defamatory;
4. The publication has caused serious harm to the Aggrieved;
5. The publication is about or identifies the Aggrieved; and
6. There was no lawful basis for the publication.

Key Defenses Against Defamation Claims

Under the Defamation Act 2005 (Qld) , several key defences can negate a defamation claim, including:

Truth (Justification)

If the statement is true, it is a complete defence under Australian law.

Honest Opinion

Statements of opinion that are honestly held and clearly presented as opinion may be defended.

Absolute and Qualified Privilege

Certain communications (e.g., statements made during judicial proceedings) are protected by privilege.

Understanding the Serious Harm Threshold

Following reforms to the Defamation Act 2005 (Qld), plaintiffs must now prove 'serious harm' to their reputation to pursue a claim. This threshold ensures that trivial complaints are filtered out, making the courts more efficient.

How Courts Assess  'Serious Harm'

Courts consider:

• The gravity of the allegation;

• The number of people who read or heard it (grapevine effect);

• The credibility of the publisher;

• Whether the publication was made with malice;
• The damage caused to the individual or business (i.e. serious financial loss, loss of employment or clients).

Social Media Defamation: A Growing Concern

With platforms like Facebook, Instagram, and YouTube dominating communication, defamatory content spreads faster than ever.

Defamation on Facebook, Instagram, YouTube, and Blogs

Common forms include:

• False accusations in posts;

• Fake reviews;

• Defamatory memes; or

• Defamatory videos.

Case Studies

1. Geoffrey Rush v Nationwide News Pty Ltd

In 2020, esteemed actor Geoffrey Rush was awarded a record-breaking $2.9 million in damages [First Order (Aggravated Damages) - Order (11.04.2019) and Second Order (Special Damages) - Order (23.05.2019)] after successfully suing Nationwide News for defamation. The case centered around allegations published by The Daily Telegraph, which the Court found to be unsubstantiated and defamatory. This landmark decision underscored the importance of responsible journalism and the potential consequences of publishing unverified claims.

2. Ben Roberts-Smith v Fairfax Media Publications Pty Ltd

Former soldier Ben Roberts-Smith filed a defamation lawsuit against Fairfax Media over articles alleging his involvement in war crimes. In 2023, the Federal Court dismissed his claim, finding that the publications had established substantial truth in their reporting. This high-profile case highlighted the defence of truth in defamation proceedings and the rigorous standards applied by the Courts. ​

3. Bruce Lehrmann v Network Ten and Lisa Wilkinson

Bruce Lehrmann sued Network Ten and journalist Lisa Wilkinson for defamation following an interview aired on "The Project" concerning allegations of sexual assault. In April 2024, the Federal Court ruled against Lehrmann, determining that the defendants had successfully proven the substantial truth of the allegations. The Court also ordered Lehrmann to pay significant legal costs, emphasising the risks involved in pursuing defamation claims without a solid foundation. ​

4. Cheng v Lok

In 2020, lawyer Gordon Cheng was awarded $750,000 in damages after a woman posted a false and damaging review on Google My Business. The Supreme Court of South Australia found that the defamatory review had led to an 80% decrease in Cheng's income, demonstrating the serious impact online defamation can have on professional reputations. ​

5. Heather Reid v Dukic

Heather Reid, former CEO of Capital Football, successfully sued a soccer coach for defamation after he published multiple defamatory posts about her on Facebook. The Court awarded Reid $180,000 in damages, reinforcing the principle that individuals can be held accountable for defamatory statements made on social media platforms.

Defamation and Small Businesses

Small businesses, especially those heavily reliant on reputation (like consulting firms, restaurants, and realtors), are highly vulnerable.

How Small Businesses Can Be Victims

Even a single false review can deter dozens of potential customers.

Options for Legal Recourse

Business owners can:

• Request removal of defamatory content;

• Send a concerns notice;

• Pursue court action if necessary.

Common Pitfalls When Dealing With Defamation

Delays in Taking Legal Action

Waiting too long can weaken your case. In Australia, there's a limitation period of 12-months from the publication. If you miss this limitation period, you may lose your right to commence defamation proceedings.

Ignoring the Spread of Defamatory Content

Failing to act promptly can allow further reputational damage to spread unchecked.

How to Protect Your Reputation Online

• Monitoring Online Mentions - Set up Google Alerts and regularly monitor review sites.
• Immediate Response Strategies - Quickly request corrections or removals where possible, and consult legal advice if necessary.

Conclusion

Within this article, our expert defamation lawyers have address the key defamation questions that we regularly recieved, to empower you with the knowledge to take control of your situation.

Your reputation is one of your most valuable assets, let us help you take control. The first step is to schedule a free consultation.

Schedule Your Free Initial Consultation

What Happens During Your Consultation

• Assessment of your case; and

• Discussion of options; and

• Initial strategic guidance.

How to Get Started

Contact Odyssey Legal:

• Phone: 07 5370 8759
• Email: info@odysseylegal.com.au
• Location: Servicing all of Queensland
• Book Your Free Initial Consultation: We offer a free initial consultation to assess your situation and provide clear advice on the best path forward.

About Odyssey Legal

Odyssey Legal is an expert defamation law firm, servicing all of Queensland. We focus on helping Queensland businesses and our clients commence and resolve defamation disputes efficiently.

Odyssey Legal: Your Trusted Partner in Defamation Matters

Why Choose Odyssey Legal

• Experienced in both individual and business defamation cases; and

• Deep understanding of digital defamation; and

• Proven track record in successfully resolving matters effeciently and effectively.

Our Approach to Defamation Cases

We focus on:

• Protecting your reputation; and

• Minimising financial loss; and

• Providing strategic, efficient advice tailored to your unique circumstances

Frequently Asked Questions (FAQs)

Q1: What qualifies as defamation under Australian law?

A: Defamation is the publishing (verbally, in writing or other form) by the publisher of unsubstantiated facts about an individual (aggrieved) to a third party, which damages the reputation of the aggrieved, causing them to suffer loss or damages.

Q2: What is the Defamation process?

In compliance with the Defamation Act 2005 (Qld), prior to commencing proceedings, the aggrieved party must issue a Concerns Notice to the publisher.

The publisher will then generally have 28 days to make an offer to make amends. If the publisher fails to do so, or the offer to make amends is insufficient, then the aggrieved may commence defamation proceedings.

Q3: The Importance of a Concerns Notice?

The Concerns Notice is a prerequisite for an aggrieved wishing to commence proceedings under the Defamation Act 2005 (Qld).

The Concerns Notice is the foundation for any defamation proceedings, and consequently, if the Concerns Notice does not meet the specific requirements under the Defamation Act 2005 (Qld) and is deficient or incorrectly served, then this could mean that any proceedings commenced by you could be struck out or dismissed and you could be liable for the publishers’ legal costs.

This is why it is imperative that the Concerns Notice is drafted and served in compliance with the Defamation Act 2005 (Qld).

Q4: How much does it cost to issue a Concerns Notice?

We offer a fixed fee of $2,420.00 (incl GST) plus incurred expenses (i.e. postage) to review all the documents and information provided to our office, consider your specific and legal circumstances, draft the concerns notice, work with you to finalise it (so you are happy with it) and issue it to the other party (usually via express post and email).

Q5: How long does it take to issue a Concerns Notice?

Whilst the time it takes to draft can vary depending on the complexity of the dispute and the amount of documentation to be reviewed and considered, we aim to have the Concerns Notice drafted and sent to you for your review, within a couple business days.

Q6: What’s the difference between slander and libel?

A: Slander is spoken or transient statements; libel is written or another permanent form.

Q7: How do I prove serious harm?

A: You must demonstrate significant reputational or financial damage.

Q8: Can I sue someone for a bad online review?

A: Yes, if the review contains false, defamatory claims.

Q9: What defences might the Publisher use?

A: Truth, honest opinion, and privilege are key defences.

Q10: What is the role of social media platforms in defamation cases?

A: Platforms may bear liability if they fail to act on complaints.

Q11: How long do I have to sue for defamation?

A: Generally, within 12 months of publication. But in certain (strict) circumstances, this timeframe can be extended up to three (3) years.

Q12: Can a business sue for defamation?

A: Yes, a small businesses under 10 employees can sue for defamation.

Q13: What happens if I ignore a Concerns Notice?

A: Damage may escalate, you may reduce your ability to properly defend any proceedings and be liable for the legal costs incurred by the aggrieved.

Q14: How can Odyssey Legal help me?

A: By providing prompt and effective advice, drafting or responding to concerns notices, and if necessary, commencing or defending Court proceedings.