When reading about defamation law in Australia, the word “matter” comes up frequently. But what does it actually mean?
At Allen Law, Melbourne’s leading defamation law firm, we’re often asked to explain what can legally constitute matter in a defamation case. The answer is more complex—and broader—than most people realise.
This article explores how the term is defined under the Defamation Act 2005 (Vic) and what it means in practice across Australia.
The Legal Definition of “Matter”
Section 4 of the Defamation Act 2005 (Vic) defines matter as including:
- Articles, reports, advertisements, or anything communicated via newspapers, magazines, or other periodicals
- Content shared through television, radio, the internet, or any form of electronic communication
- Letters, notes, or other written communications
- Pictures, gestures, or oral utterances
- Any other thing by which something may be communicated to a person
In other words, “matter” refers to almost anything that can convey information or meaning to another person—whether through text, sound, imagery, or even symbolic behaviour.
Examples of “Matter” in Defamation
The scope is deliberately broad, capturing the many ways people communicate. Here are some real-world examples of what can qualify as matter in a defamation claim:
- A Facebook post, tweet, or Instagram comment
- A WhatsApp or WeChat message
- A Google review or online forum post
- A phone call or face-to-face conversation
- A podcast, livestream, or YouTube video
- A newspaper article or magazine column
- A gesture (such as a middle finger) that implies defamatory meaning
- A symbol, ritual, or coded message that communicates something harmful
Takeaway: If it can be understood by another person, it can be considered matter.
Why “Matter” Is Central to Any Defamation Claim
The concept of matter is not just theoretical—it’s fundamental. Without matter, there is no defamation claim.
To bring a valid defamation claim, a plaintiff must establish:
- Publication of matter to a third party
- That the matter is about or identifiable to the plaintiff
- That it conveys a defamatory meaning (also known as an imputation)
- That it causes or is likely to cause serious harm to reputation
In short, the matter is the foundation of every defamation claim. It is the content—whether words, images, or gestures—that forms the basis of what is being alleged and litigated.
Identifiability and Imputation
Even if the matter doesn’t name the individual, it can still be defamatory if they can be identified through extrinsic facts—information outside the statement that links the content to the plaintiff.
For example:
- A post might say “the manager of [business name] is a crook” without naming the person, but readers may know who the manager is.
- A gesture made in front of a group, directed at a specific person, can be defamatory if the meaning and target are clear.
In all cases, the meaning conveyed (the imputation) is legally analysed to determine if it damages reputation.
“Matter” in the Digital Age
The interpretation of matter has expanded significantly due to the rise of social media and digital communication. What was once limited to newspapers and radio broadcasts now includes:
- Direct messages and screenshots
- Voice notes or audio recordings
- Group chat posts
- Tagging someone in defamatory content or memes
- Even certain emojis, if used with defamatory context, may be analysed as part of the matter
Courts are increasingly required to examine the nuanced and contextual nature of modern communication.
Why Legal Advice Is Essential
Given how broad and complex the definition of matter is, proper legal advice is essential. At Allen Law, we frequently advise individuals and organisations who:
- Wish to pursue a defamation claim based on harmful content
- Have been accused of defamation based on something they said, wrote, or posted
- Are unsure whether particular content qualifies as defamatory under the law
We help ensure your matter is correctly identified, the imputations are thoroughly examined, and your rights are protected from the outset.
Contact Allen Law: Melbourne’s Defamation Experts
If you believe you’ve been defamed—or if you’ve been accused of defamation—get in touch with our team at Allen Law. We offer clear advice, fixed-fee services, and a results-driven, no-nonsense approach.
Email: lee@allenlawyers.com.au
Website: www.allenlawyers.com.au
Phone: (03) 7020 6563
Disclaimer: This article is general in nature and does not constitute legal advice. For guidance on your specific matter, please consult a qualified legal practitioner.
