What Is Defamation Law in Australia?

Defamation law in Australia refers to the legal principles that protect individuals and businesses from false statements that harm their reputation. This page explains what defamation is, how it applies under Australian law in 2026, common examples, defences, and when you may need legal advice.

Defamation law in Australia seeks to balance freedom of expression with the protection of personal and commercial reputations. With the rise of online platforms, social media, and Google reviews, defamation claims are increasingly common and can arise from both traditional media and digital publications.

Defamation occurs when a false statement is published that harms a person’s reputation.
Online defamation, including defamatory Google reviews, has become increasingly common in Australia. For a deeper explanation of what qualifies as defamatory matter, see our guide on what is matter in Australian defamation law.

What Does Defamation Mean Under Australian Law?

For a statement to be defamatory, it must be published to a third party, identify the person, and cause reputational harm.
The concept of publication in defamation law is broader than many people realise.

To fully understand what is defamation, it is important to recognise that defamation law applies nationally, governed primarily by the Defamation Act as adopted in each Australian state and territory.

Defamation can occur through:

• Written statements (libel)
• Spoken statements (slander)
• Online publications, including social media posts and reviews
• Images, cartoons, or videos
• Emails, blogs, or forum posts

Importantly, intent is not always required. Even careless or unintended publications may be defamatory if they meet the legal criteria.

Key Elements of a Defamation Claim in Australia

For a defamation claim to succeed, the following elements must generally be established:

1. Publication to a Third Party

The defamatory statement must be communicated to someone other than the person defamed. Even a single reader, viewer, or listener may be sufficient.

2. Identification

The person or entity must be identifiable, either directly or indirectly. A name is not always required if reasonable readers can infer who is being referred to.

3. Defamatory Meaning

The statement must lower the person’s reputation in the eyes of ordinary members of the community. This includes allegations that expose a person to ridicule, contempt, or hatred.

4. Serious Harm

Recent reforms require that the publication has caused, or is likely to cause, serious harm to the reputation of the claimant. For businesses, this often involves serious financial loss.

Understanding these elements is central to understanding what is defamation and whether legal action is available for serious harm.

Examples of Defamation (Including Online)

Defamation can arise in many everyday scenarios, including:

• False allegations of criminal behaviour
• Misleading or untrue Google reviews
• Social media posts accusing someone of dishonesty
• False statements about professional misconduct
• Media articles containing inaccurate claims
• Cartoons or images conveying defamatory meanings

These examples illustrate how what is defamation extends beyond formal publications and into digital and informal communications.

Online Defamation and Google Reviews

Online defamation has become one of the most common areas of defamation law. Anonymous Google reviews, Facebook posts, and online forums can all give rise to defamation claims.

Businesses are particularly vulnerable where false reviews damage commercial reputation. In some cases, website operators, platform hosts, and authors may all face legal exposure depending on the circumstances.

For authoritative guidance on defamation reform and digital publications, the Australian Law Reform Commission provides detailed analysis of modern defamation law.

Defences to Defamation Claims

Even where defamatory material is published, a claim may fail if a valid defence applies. Common defences include:

• Truth (Justification): The statement is substantially true
• Honest Opinion: A genuinely held opinion based on proper material
• Qualified Privilege: Publication made in circumstances of duty or interest
• Absolute Privilege: Statements made in parliament or court proceedings
• Public Interest: Responsible communication on matters of public interest

The availability of defences often depends on the specific facts and how the material was published as an misleading conduct.

Time Limits for Defamation Claims

In most cases, a defamation claim must be started within 1 year from the date the defamatory material was first published. This strict limitation period applies across Australia and is designed to encourage disputes to be dealt with promptly, while evidence is still fresh.

In limited circumstances, the court may allow an extension of time (up to 3 years from publication) if the person bringing the claim can show that it was not reasonable to commence proceedings within the initial one-year period. Extensions are not automatic and are granted sparingly, so early legal advice is critical.

Learn more about defamation time limits here:
Limitation period for defamation

What Happens Before a Defamation Lawsuit?

Before a defamation lawsuit can be filed, the law generally requires the aggrieved person to take a mandatory preliminary step by issuing a concerns notice to the publisher of the material.

A concerns notice sets out:

• the specific defamatory imputations complained of, and
• the harm caused by the publication.

This process gives the publisher an opportunity to respond, make corrections, issue an apology, or resolve the dispute without court proceedings. In most Australian jurisdictions, issuing a concerns notice is a mandatory prerequisite to starting a defamation claim.

The main exception is Western Australia, where the concerns notice procedure does not apply in the same way.

Read more about concerns notices:
Concerns notices in Australian defamation law

If you’re preparing court documents in Victoria, see:
Notice to Court – defamation (Melbourne)

Remedies Available for Defamation

Where defamation is established, courts may award:

• Monetary damages (including aggravated damages)
• Injunctions preventing further publication
• Orders for corrections or apologies
• Legal costs
• Negotiated settlements or retractions

Early legal advice can significantly influence the outcome and limit reputational damage.With serious harm threshold business can sue for defamation.

Risks of Publishing Defamatory Material

Publishing defamatory content can expose individuals and businesses to:

• Significant financial liability
• Legal costs
• Court-ordered apologies or corrections
• Long-term reputational harm
• Injunctions affecting future publications

Understanding what is defamation before publishing content is essential, particularly for businesses operating online.

When Should You Speak to a Defamation Lawyer?

Immediately. If defamatory material has been published about you or your business, every day you wait increases the risk to your reputation, income, and future opportunities.

Reputational damage is often irreversible once it spreads. Online posts, reviews, articles, and social media comments can be shared widely, picked up by search engines, and permanently archived — even if they are later deleted. Acting early can mean the difference between stopping the damage quickly and spending years trying to repair it.

Early advice from a defamation lawyer allows you to:

• shut down ongoing or repeat publications,
• preserve critical evidence before it disappears,
• apply immediate legal pressure for removal, correction, or apology, and
• position your case for the strongest possible outcome if court action becomes necessary.

Clients who seek legal advice early are often able to resolve defamation disputes faster, more discreetly, and at significantly lower cost than those who delay.

Protect your reputation before the damage escalates — speak with experienced
defamation lawyers in Melbourne

How Allen Law Can Help With Defamation Matters

Defamation disputes require careful judgment, strategic timing, and a clear understanding of both legal risk and reputational impact. Allen Law has experience advising individuals and businesses across a wide range of defamation matters, from online publications and media articles to complex commercial disputes.

Our approach is strategic and outcome-focused. We assess the strength of your position early, explain your options clearly, and tailor a response designed to protect your reputation while minimising cost, stress, and unnecessary escalation.

Where possible, we focus on early resolution — including corrections, removals, apologies, and negotiated outcomes — to achieve effective results without litigation. When court proceedings are necessary, we provide decisive representation grounded in careful preparation and practical insight.

If you are concerned about reputational harm or have been accused of defamation, early legal advice can make a critical difference.

Speak with Allen Law about your defamation matter today.

Frequently Asked Questions

What is defamation in Australia?

Defamation in Australia occurs when false statements are published about a person or business that harm their reputation. Defamation law applies to online and offline publications.

Can online reviews be defamatory?

Yes. Google reviews, social media posts, and other online comments can be defamatory if they contain false statements that cause serious reputational harm.

Do businesses have defamation rights?

Yes, businesses can sue for defamation in Australia, but they must establish serious harm, including damage to reputation or financial loss.

Is a concerns notice required before suing for defamation?

In most Australian states, a concerns notice must be served before commencing defamation proceedings, except in Western Australia.

What is the time limit for defamation claims?

Defamation claims must usually be commenced within one year of publication, subject to limited extensions in certain circumstances.

Conclusion

Understanding what is defamation is critical in today’s digital environment where information spreads rapidly and reputational harm can occur instantly. Australian defamation law provides remedies for those affected, while also recognising legitimate freedom of expression.

In certain situations, alternative causes of action may be more appropriate than defamation, particularly for businesses.Alternatives to defamation claims

For an authoritative overview of defamation law and recent reforms, see the Australian Law Reform Commission’s defamation report:Here

If you are concerned about potentially defamatory material, or have been accused of defamation, obtaining timely legal advice can help protect your rights and reputation.