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

Understanding who can sue and who can be sued in a defamation matter is fundamental, and Queensland law limits both sides in ways that surprise many people.

Who Can Sue for Defamation? (Claimants)

Individuals

Any individual person — regardless of whether they are a public figure, professional, or private citizen, can bring a defamation claim in Queensland, provided the claim satisfies the legal elements including the serious harm threshold.

Small Businesses and Not-for-Profits

A company, corporation, or association can sue for defamation only if it:¹

• Has fewer than 10 full-time employees (or their equivalent); AND
• Is not related to a larger company that employs 10 or more people; OR
• Is a not-for-profit organisation

Large Companies Cannot Sue

The Defamation Act 2005 excludes corporations that employ 10 or more people from bringing defamation claims. This was a deliberate policy choice, large corporations can sue for injurious falsehood or under trade practices law, but not defamation.²

Example: A sole trader Gold Coast electrician can sue for defamation over a false review. A national electrical franchise cannot.

However: The individual directors, owners, or employees of a large company can sue personally if the defamatory material also defames them as individuals, not just the company.

Who Can Be Sued for Defamation? (Defendants)

The Original Author

The person who wrote, spoke, or created the defamatory material is the primary publisher and can be sued directly.

Anyone Who Re-Published or Shared It

Each time defamatory material is republished — forwarded, shared, or retweeted, a new publication occurs, and the person who shared it may become a separate publisher. This means sharing a defamatory post on social media can make you independently liable, even if you didn’t create the original content.

Platform Administrators

Following the High Court’s decision in Voller (2021),³ the administrator of a Facebook page or website can be a publisher of third-party comments posted on their page. If you run a community group or business page and a defamatory comment is posted, you may need to remove it promptly to avoid liability.

Anonymous Posters, Can They Still Be Sued?

Yes. A court can order platforms (Google, Facebook, Twitter/X) to disclose the identity of anonymous or pseudonymous users under a Norwich Pharmacal order. Once identified, the anonymous poster can be sued.

Can the Dead Be Defamed?

No. Defamation claims cannot be brought on behalf of a deceased person, nor can a deceased person’s estate sue for defamation committed against them before death. Defamation is a strictly personal right that dies with the person.

Interstate and Overseas Defendants

Queensland courts can hear claims against defendants located in other Australian states or territories. For overseas defendants, it is more complex, courts need to consider jurisdiction and whether a judgement can be enforced in the relevant country.

Summary Table

Related Topics

• The Complete Guide to Defamation Law in Queensland
• What is defamation in Queensland?
• Can social media posts be defamatory?
• Defamation defences
• How much can I claim?

Questions About Your Defamation Matter?

Bell & Senior Lawyers can advise both individuals and small businesses on Gold Coast defamation matters, including whether you have standing to bring a claim and who the appropriate defendant is.

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