Can a Facebook post or Google review be defamatory?

Yes. Posts on public and private social media accounts, Google Reviews, text messages sent to third parties, and emails can all constitute a 'publication' for defamation purposes. Private Facebook group posts have been found by Australian courts to be defamatory publications.

Can I sue over a fake or malicious Google review?

Yes, if the review contains false statements of fact (not just harsh opinion) that have caused or is likely to cause serious harm to your reputation. A legal concerns notice often achieves removal without court proceedings. Courts can also order platforms to reveal the identity of anonymous reviewers.

Who can sue for defamation in Queensland?

Individuals, sole traders, small businesses (fewer than 10 employees), and not-for-profit organisations can sue. Large companies with 10 or more employees cannot bring defamation claims: but their individual directors and owners can if they were personally defamed.

What should I do if I receive a defamation concerns notice?

Do not ignore it. You have 28 days to respond. You can make an offer to make amends (which is a complete defence if rejected), or dispute the claim by asserting a defence. Do not delete the post without legal advice, and do not respond personally without consulting a lawyer.

Can text messages be defamatory in Queensland?

Yes. A text message sent to a third party (for example, to someone's employer making a false allegation) can constitute a 'publication' causing defamation. It does not need to be seen by many people: communication to even one other person is sufficient.

Defamation Law FAQs: Gold Coast & Queensland

Q: What is defamation in Queensland?

Defamation is when a person makes a publication (spoken or written) that has caused or is likely to cause serious harm to another person's reputation. It applies to online posts, social media, text messages, and private group chats. In Queensland, the 2021 amendments require proof of 'serious harm': hurt feelings alone are not enough.

Q: What are the defences to a defamation claim in Queensland?

The main defences are: truth (if the statement is substantially true, the claim fails entirely); honest opinion (an honestly held view based on proper material); qualified privilege (communications made to regulators or in protected contexts); and the 2021 public interest defence. A reasonable offer to make amends is also a complete procedural defence if rejected.

Q: How much can I claim for defamation?

General damages for non-economic loss are capped at approximately $459,000 in Queensland. Economic losses (lost clients, cancelled contracts) are uncapped and must be specifically proven. Aggravated damages apply where the defendant acted with malice. Courts also commonly grant injunctions requiring removal of defamatory material.

experienced defamation law answers for Gold Coast residents and businesses. From social media posts and fake reviews to receiving a concerns notice: Bell & Senior Lawyers explain your rights and options under Queensland's Defamation Act in plain English.

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Costs

What does it cost to bring a defamation claim in Queensland?

Defamation litigation in Queensland courts is expensive. Legal fees for a contested hearing routinely exceed $100,000 per party and can reach several hundred thousand dollars in complex matters.

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Damages & Remedies

How much can I claim for defamation in Queensland?

Queensland courts can award general damages for reputational harm and distress, special damages for proven financial loss, and aggravated damages if the defe…

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Defences

What are the defences to a defamation claim in Queensland?

The main defences to a defamation claim in Queensland are: truth (justification), honest opinion, qualified privilege, and the 2021 public interest defence. …

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Overview

What is defamation in Queensland?

Defamation is when a person makes a publication, spoken or written, that has caused or is likely to cause serious harm to another person’s reputation. It a…

Read full article

Parties & Standing

Who can be sued for defamation in Queensland, individuals, businesses, or both?

Both individuals and certain companies can sue for defamation in Queensland. Under the Defamation Act 2005, large companies (more than 10 employees) cannot s…

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Process

What is the serious harm threshold in Queensland defamation law?

Since 1 July 2021, a person cannot bring a defamation claim in Queensland unless they can establish that the publication has caused, or is likely to cause, serious harm to their reputation.

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Do I need to send a concerns notice before suing for defamation in Queensland?

Yes. Sending a valid concerns notice under section 12B of the Defamation Act 2005 (Qld) is a mandatory pre-condition to commencing defamation proceedings in Queensland since 1 July 2021.

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Can a jury hear my defamation case in Queensland?

Yes, but jury trials in defamation matters are rare in practice. Either party may elect a jury under section 21 of the Defamation Act 2005 (Qld), but the court can override that election where the case involves complex issues or a prolonged examination of records. Even in a jury trial, the judge, not the jury, decides serious harm and the amount of any damages award.

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Process & Procedure

What do I do if I receive a defamation letter in Queensland?

If you receive a ‘concerns notice’ alleging defamation, do not ignore it, there are strict timelines and required steps before a claim can be filed. Seek le…

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Resources

Who to contact for Defamation & Reputation issues in QLD?

A directory of the most important contacts for Defamation and Reputation matters in Queensland, including the eSafety Commissioner, ACMA, and Bell & Senior L…

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Reviews & Online Content

Can I sue for defamation over a negative Google or Facebook review?

A negative online review is not automatically defamatory. To be defamatory, the review must contain false statements of fact (not just opinion) that have cau…

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Can't find what you're looking for?

Defamation Law FAQs: Gold Coast & Queensland

Important Legal Disclaimer

Costs

What does it cost to bring a defamation claim in Queensland?

Damages & Remedies

How much can I claim for defamation in Queensland?

Defences

What are the defences to a defamation claim in Queensland?

Overview

What is defamation in Queensland?

Parties & Standing

Who can be sued for defamation in Queensland, individuals, businesses, or both?

Process

What is the serious harm threshold in Queensland defamation law?

Do I need to send a concerns notice before suing for defamation in Queensland?

Can a jury hear my defamation case in Queensland?

Process & Procedure

What do I do if I receive a defamation letter in Queensland?

Resources

Who to contact for Defamation & Reputation issues in QLD?

Reviews & Online Content

Can I sue for defamation over a negative Google or Facebook review?

Social Media & Online

Can social media posts and text messages be defamatory in Queensland?