Defamation News: Recent High-Profile Cases

Defamation cases have been making headlines recently, with figures like Brooki Bakes and Ben Roberts-Smith at the centre of legal battles over reputation. These high-profile cases have put the spotlight on defamation laws and the serious impact that false or damaging information can have on individuals and businesses.

So, what does defamation mean in Australia, and how can you protect yourself if you believe you’ve been defamed? Here’s a breakdown of the key points you need to know.

Defamation in Australia: What You Need to Know

In Australia, defamation happens when someone publishes material that harms, or is likely to harm, another person’s reputation. This can include anything shared with a third party, whether it's written, spoken, or even in the form of images.

A claim for defamation must be brought within one year of the material being published. The court can extend this deadline, but only if it feels it’s reasonable to do so in the circumstances.

Who Can Sue for Defamation?

It's important to note that under the Defamation Act 2005 (NSW), only individuals, not corporations, can sue for defamation. However, small businesses with fewer than 10 employees, as well as certain not-for-profit organisations, are exceptions.

Even though a corporation cannot file a defamation claim, individual employees can if they have been  personally targeted. For example, if an article mentions the ‘CEO of a company’ and harms that individual’s reputation, the CEO could sue for defamation.

The ‘Serious Harm’ Threshold

Since the 2005 introduction of the Defamation Act 2005 (NSW) (and the 2020 amendments to that legislation), the Australian government has worked to prevent frivolous claims from clogging up the courts by the introduction of a “serious harm” threshold.

A recent case, Selkirk v Hocking (No 2) [2023] FCA 1085, sheds light on how this threshold works. In this case, Ms Selkirk sued Mr Hocking and others for failing to update web pages to state that certain criminal convictions had been overturned. Ms Selkirk argued that the content of the webpages had harmed her job prospects. However, the court ruled her case didn’t meet the ‘serious harm’ requirement because there was little evidence to suggest anyone had viewed her negatively due to the publication. Additionally, the court pointed out that the publication had been seen by very few people.

Other factors that courts consider when assessing serious harm include the publication’s format, how widely it was distributed, the target audience, and whether there’s evidence of how the content affected public perception.

If You’ve Been Defamed, Here’s What You Can Do

If you believe that you have been defamed, it is important to get legal advice. Contact the team at Marsdens Law Group to discuss how we can help you navigate the process.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.