What are the defences to a defamation claim in Queensland?

Being accused of defamation does not mean you are liable. The Defamation Act 2005 (Qld) provides a number of complete defences — if any one of them is established, the claim fails entirely and you cannot be ordered to pay damages.

Defence 1: Truth (Justification)

The most powerful defence is truth.¹ If the defamatory imputation you published is substantially true, no defamation claim can succeed, regardless of how harmful the publication was or how much the subject dislikes what you said.

Key points:

• You don’t need to prove every minor detail — substantial truth is sufficient.
• You need to be able to evidence the truth, not just assert it. Think: documents, receipts, correspondence, witnesses.
• This is why keeping records of your dealings with someone matters enormously if a dispute is likely.

Example: A Gold Coast homeowner writes a Google Review saying a builder “abandoned the job midway and refused to refund the deposit.” If the homeowner has emails and bank records to prove this, the truth defence is very strong.

Defence 2: Honest Opinion

If the publication is a statement of opinion (not a statement of fact), and that opinion is honestly held, based on proper material (facts that are true or protected), and relates to a matter of public interest, the honest opinion defence may apply.²

Key points:

• The statement must be recognisable as opinion, not a statement of fact.
• Saying “in my view, this is the worst tradie on the Gold Coast” reads more as opinion.
• Saying “this person committed fraud” is more likely to be treated as a statement of fact.
• Reviews on Google, Yelp, or Facebook are often framed as opinion, but this does not automatically protect them.

Defence 3: Qualified Privilege

Certain communications are protected by qualified privilege because they are made in a context where the law considers openness more important than reputation protection.³

Examples of privileged communications:

• Reports made to the Queensland Law Society, a professional licensing body, or the police about suspected misconduct
• Reports made to a statutory regulator (e.g., the Queensland Building and Construction Commission about a builder)
• Parliamentary proceedings and court documents

Important caveat: Qualified privilege is defeated if the publication was made with malice — meaning you knew the statement was false, or you published it recklessly without caring whether it was true.

Defence 4: Public Interest (2021 Reform)

Since 2021, Queensland introduced a new public interest defence. A person is not liable if the publication was on a matter of public interest and the publisher reasonably believed that publishing it was in the public interest.⁴

This defence was modelled on UK reforms and is designed to support responsible journalism and public-interest reporting, but it can extend to online posts and commentary on matters genuinely affecting the community.

Defence 5: Offer to Make Amends

This is a procedural defence rather than a substantive one. If you make a reasonable offer to make amends (apology, correction, or compensation) promptly after receiving a concerns notice, and that offer is rejected by the claimant, the rejected offer becomes a complete defence to the defamation claim.⁵

This incentivises early resolution and is a critical first step in any defamation dispute.

My Statement Was True, What Should I Do?

If you receive a concerns notice or defamation claim and you believe your statement was true:

1. Do not delete the post — you need it as evidence.
2. Gather all evidence supporting the truth of your statement.
3. Contact a defamation lawyer immediately — time limits are strict (you have 28 days to respond to a concerns notice).

Related Topics

• The Complete Guide to Defamation Law in Queensland
• What is defamation in Queensland?
• What to do if you receive a defamation letter
• Can social media posts be defamatory?
• How much can I claim for defamation in Queensland?

Accused of Defamation on the Gold Coast?

Bell & Senior Lawyers advises both claimants and defendants in defamation matters. Get in touch for a confidential assessment of your defences.

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