FAQ
Defamation
What is the serious harm threshold in Queensland defamation law?

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 under section 10A of the Defamation Act 2005 (Qld). For eligible corporations, the serious harm must constitute serious financial loss. The threshold must be proven by the claimant and is not assumed from the mere fact of a defamatory publication.

Why was this introduced?

The serious harm threshold was introduced to prevent trivial or “backyard” defamation claims from clogging the courts. Merely being upset or embarrassed by a post is no longer enough; there must be a real, qualitative impact on your reputation.