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What is defamation in Queensland?

Overview

Most people understand defamation in the context of tabloid newspapers and celebrities. But in Queensland, especially with social media, defamation is a practical risk for everyday people.

Defamation occurs when a person makes a publication that:

  1. Identifies (or is reasonably capable of identifying) another person; and
  2. Contains matter that is defamatory — meaning it is likely to cause a reasonable person to think less of that person, or expose them to hatred, contempt, or ridicule; and
  3. Has caused or is likely to cause serious harm to that person’s reputation.1

What is a “Publication”?

A “publication” in defamation law is broader than it sounds:

  • A post on Facebook, Instagram, Google Reviews, or Twitter/X
  • A text message sent to a third party
  • An email forwarded to colleagues
  • A verbal statement made in front of an audience
  • A post in a private Facebook group (courts have held these to be publications)

The key is communication to at least one other person beyond the subject.

The Difference Between a Bad Review and Defamation

Consider a tradesperson who didn’t complete work properly:

Statement Likely Defamatory?
“The work took twice as long as quoted and the result was poor.” ❌ No, honest opinion based on facts
“The tradie didn’t turn up on time, quoted $400 and charged $1,000, and the railing fell off in a week.” ❌ No, factual account of your experience
“This person is a fraudster who stole from me.” ✅ Potentially yes, characterisation that goes beyond your facts
“This is a criminal operation.” ✅ Potentially yes, without evidence, a serious and harmful allegation

The line is between expressing your genuine factual experience and making characterisations or allegations that go beyond those facts and portray the person in a seriously negative light.

The Serious Harm Test (2021 Amendment)

Queensland amended the Defamation Act 2005 in 2021 to introduce a serious harm element.2 A claimant must now prove that the publication has caused, or is likely to cause, serious harm to their reputation.

This means:

  • Mere hurt feelings or embarrassment alone will not found a claim.
  • Serious harm may include: loss of clients or business revenue, being forced to move home due to community pressure, or significant loss of professional reputation.

The Internet Changes Everything

In the era of social media:

  • A comment that previously might have been said to 3 people at a coffee shop can now reach thousands.
  • There is a permanent record — even deleted posts may be screenshotted and preserved.
  • You are not anonymous online — courts can order platforms to disclose the identity of users who post anonymously.
  • A post made in a moment of anger can result in a legal notice months or years later.

Defences to Defamation

If a defamation claim is made against you, defences include:

  • Truth (Justification): The publication is substantially true.3
  • Honest Opinion: The statement was an honestly held opinion, based on proper material, and on a matter of public interest.4
  • Qualified Privilege: The publication was made in certain protected circumstances (e.g., to a regulatory body).
  • Public Interest: Since 2021, a new defence applies to publications on matters of public interest where the publisher holds a reasonable belief it was in the public interest.5

Concerned About a Post?

If you have made or received a post you believe may be defamatory, prompt action is important. Contact Bell & Senior Lawyers for an initial assessment.

📞 Phone: (07) 5532 8777 | 🌐 bellsenior.com.au | Contact us

  1. Defamation Act 2005 (Qld) s 10A (serious harm element, inserted by Defamation Amendment Act 2021 (Qld) s 5). ↩︎

  2. Defamation Amendment Act 2021 (Qld) s 5, inserting s 10A into the Defamation Act 2005 (Qld). Equivalent uniform law reforms also enacted in NSW, Vic, SA, WA, ACT and NT. ↩︎

  3. Defamation Act 2005 (Qld) s 25 (justification defence). ↩︎

  4. Defamation Act 2005 (Qld) s 31 (honest opinion defence). ↩︎

  5. Defamation Act 2005 (Qld) s 29A (public interest defence, inserted 2021). ↩︎

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