In an age where opinions are shared publicly with a single click, defamation law plays a crucial role in protecting people and businesses from false and damaging statements. Whether it’s a negative online review, a social media post gone too far, or damaging gossip in a professional setting, understanding what defamation is — and isn’t — can help you protect your reputation and enforce your rights.
What Is Defamation?
Defamation is a false statement about a person or business that is communicated to others and causes harm to their reputation. In Australia, defamation law is largely uniform across the states and territories and is designed to balance two competing interests: the right to free expression, and the right to protect one’s reputation from unjustified attack.
To establish that defamation has occurred, three key elements generally need to be proven:
- Publication: The statement must have been communicated to at least one person other than the subject of the statement. This can include spoken words, written content, online posts, emails, or even gestures.
- Identification: The statement must be about the person or business claiming defamation. Even if a name isn’t used, if a reasonable person could identify who the statement refers to, this element is met.
- Defamatory meaning: The statement must be capable of lowering the person’s reputation in the eyes of the community, causing them to be shunned, ridiculed, or thought less of.
Common Examples of Defamation
Defamation isn’t limited to newspaper headlines or tabloid exposés. It can occur in everyday situations, such as:
- A false online review accusing a business of illegal or unethical behaviour.
- A social media post suggesting someone committed a crime when they did not.
- Gossip within a professional network that damages a person’s career prospects.
- A competitor spreading false information to damage another business’s reputation.
Even seemingly casual or sarcastic comments can be defamatory if they meet the legal test.
Defences to Defamation
Not every damaging statement is defamatory. Common defences include:
- Truth (Justification): If the statement is substantially true, it’s not defamatory.
- Honest opinion: A statement that is clearly presented as opinion, based on proper material, and honestly held may be protected.
- Privilege: In certain contexts — such as court proceedings or parliamentary debates — statements are protected by privilege, even if they are defamatory.
What to Do If You’re Defamed
If you believe you or your business has been defamed, it’s important to act promptly. The first step is often to issue a concerns notice, a formal letter demanding the removal of the statement and, in many cases, an apology. If the issue isn’t resolved, legal action may be available, but strict time limits apply — typically within one year from the publication date.
The Bottom Line:
Your reputation is one of your most valuable assets. Defamation law exists to protect it from false and harmful statements — whether they occur online, in print, or in person. If you think you’ve been defamed, or if someone is accusing you of defamation, seek legal advice early to understand your rights and options.
