We provide expert legal assistance in defamation matters, representing both plaintiffs and defendants. Our aim is to protect our clients’ reputations or defend their right to free speech, navigating the complex balance between personal rights and public interest.
Overview
Defamation law in Australia is governed by largely uniform legislation across states and territories, with the Defamation Act 2005 (and its state equivalents) providing the primary legal framework. Recent reforms, including the Defamation Amendment Act 2020, have introduced significant changes, such as a serious harm threshold and a new public interest defence.
The digital age has brought new challenges to defamation law, with social media and online publications increasing the potential for rapid and widespread dissemination of defamatory content. This has led to a rise in defamation cases involving online platforms and individuals, alongside traditional media defendants.
Australian defamation law is known for being more favourable to plaintiffs compared to some other jurisdictions, making it a critical area of risk management for publishers and individuals alike. Recent high-profile cases have highlighted the substantial damages that can be awarded in defamation suits.
Our approach
We take a strategic and nuanced approach to defamation matters, recognising the sensitive nature of reputation management and the importance of free speech. For plaintiffs, we focus on swift action to mitigate reputational damage, often seeking early corrections, retractions, or apologies where appropriate. For defendants, we develop robust defence strategies, carefully assessing available defences such as truth, honest opinion, or the newly introduced public interest defence.
Our process begins with a thorough assessment of the alleged defamatory material, its context, and its potential impact. We work closely with our clients to understand their objectives, whether that’s protecting their reputation, defending their publications, or finding a middle ground that satisfies all parties.
We are experienced in both litigation and alternative dispute resolution methods for defamation matters. Where possible, we seek early resolution through negotiation or mediation, often achieving outcomes that avoid the need for costly and public court proceedings. When litigation is necessary, we provide strong representation, leveraging our deep understanding of defamation law and court procedures.
Throughout the process, we maintain clear communication with our clients, providing strategic advice on the strengths and weaknesses of their case, potential outcomes, and the implications of various courses of action.
Representative experience
- Successfully represented a business owner in a defamation claim against a competitor who had made false allegations online, securing a public apology and damages.
- Defended a media outlet against defamation claims by a public figure, successfully arguing the public interest defence and securing a dismissal of the case.
- Negotiated a favourable settlement for a celebrity client defamed on social media, including removal of the offending posts and a substantial damages payment.
- Advised a not-for-profit organisation on managing reputational risks, including reviewing their social media policies and providing staff training on defamation risks.
- Successfully appealed a defamation judgment, arguing for a reinterpretation of the serious harm threshold introduced in recent legislative amendments.
- Represented a group of online reviewers in defending a defamation claim by a business, successfully arguing honest opinion and triviality defences.