Australia Defamation Laws: 2021 Reforms & How to Sue
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Frequently Asked Questions
Is there one national defamation law in Australia?
No. Each state and territory has its own Defamation Act 2005, but they all enact the uniform Model Defamation Provisions, so the rules are nearly identical across the country. Courts and lawyers often cite the New South Wales Act as the reference text.
What is the serious-harm element introduced in 2021?
Since the 2021 reforms, a plaintiff must show the publication caused, or is likely to cause, serious harm to their reputation (s 10A). The court can decide this as a question of fact, often before trial, which filters out weaker claims. Western Australia and the Northern Territory have not adopted this threshold.
Did Australia abolish the difference between libel and slander?
Yes. Section 7 of each Act abolishes the distinction between libel and slander, and defamatory matter of any kind is actionable without proof of special damage. Spoken and written statements are treated the same way.
How long do I have to sue for defamation in Australia?
The limitation period is one year from publication (s 14B). A court may extend it to a maximum of three years from publication where it was not reasonable to sue within the year (s 56A). The single-publication rule means the clock generally runs from first publication.
What is a concerns notice and do I have to send one?
A concerns notice formally tells the publisher what was published and which imputations are defamatory. In jurisdictions that adopted the 2021 reforms it is a precondition to suing (ss 12A and 12B). After it is served, the publisher has a window to make an offer to make amends.
What is the public-interest defence?
Section 29A provides a defence where the matter concerns an issue of public interest and the defendant reasonably believed that publishing it was in the public interest. It was introduced in 2021 and modelled on a similar UK provision; it is not available in Western Australia or the Northern Territory.
How much can a court award in defamation damages?
Damages for non-economic loss are capped and indexed annually under s 35, with the maximum reserved for the most serious cases. The cap was around A$478,500 in New South Wales from 1 July 2024 and A$500,000 in South Australia and Queensland from 1 July 2025. Proven economic loss is not capped.
Can I be liable for comments other people post on my page?
Possibly. In Fairfax Media Publications Pty Ltd v Voller, the High Court held that operators of public Facebook pages were publishers of defamatory third-party comments. Whether liability attaches depends on the facts, and later Stage 2 reforms address the position of online intermediaries.
Sources and References
- Defamation Act 2005 (NSW)(austlii.edu.au).gov
- Defamation Act 2005 (NSW) s 7 (distinction between slander and libel abolished)(austlii.edu.au).gov
- Defamation Act 2005 (NSW) s 35 (damages for non-economic loss limited)(austlii.edu.au).gov
- Defamation Act 2005 (NSW) s 25 (defence of justification)(austlii.edu.au).gov
- Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 (High Court of Australia)(hcourt.gov.au).gov
- NSW Judicial Commission, Civil Trials Bench Book: Defamation (reform commencement and section guide)(judcom.nsw.gov.au).gov
- NT Attorney-General's Department, maximum amount of damages for non-economic loss in defamation(agd.nt.gov.au).gov
- NSW Department of Communities and Justice, Review of the Model Defamation Provisions(dcj.nsw.gov.au).gov