What Is Defamation?

What is defamation? Defamation is the publication of a false statement about a person, business, or organisation that harms their reputation. Under Australian law, defamation occurs when defamatory material is communicated to at least one third party and causes, or is likely to cause, serious harm to the reputation of the affected party.

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.

Understanding What Is Defamation in Australia

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 Defamation

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.

Common Examples of Defamation

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.

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.

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.

Frequently Asked Questions

What is defamation?

Defamation is the publication of a false statement to a third party that harms a person’s or business’s reputation. It may arise from written, spoken, or online communications.

Can online reviews be defamatory?

Yes. Google reviews and social media posts can be defamatory if they contain false statements of fact that damage reputation.

Do I need to prove intent in a defamation claim?

No. Defamation can occur even if the publisher did not intend to cause harm, provided the legal elements are satisfied.

What defences are available?

Defences include truth, honest opinion, qualified privilege, absolute privilege, and public interest, depending on the circumstances.

What remedies are available for defamation?

Remedies may include damages, injunctions, apologies, retractions, and negotiated settlements.

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.