With the rapid expansion of social media use throughout not only Australia, but the rest
of the world, social media platforms have become one of the most common places that
defamatory materials are shared. Platforms such as TikTok, Facebook, and X (formerly
twitter) allow information to spread almost instantly, often without careful
consideration about the consequences. Under Australian law, online publications are
treated in the same way as traditional forms of social media. As a result, a single post,
comment, or message may expose an individual to legal action if the content is harmful
to any individuals or entities. With the recent introduction of the under-16s social media
ban in Australia being implemented by the 10th of December 2025, the amount of social
media users will significantly change how frequently defamatory content is created,
shared, or challenged online.
What is Defamation?
In the context of social media, defamation is the act of making false statements about
an individual or entity that can harm their reputation and it could occur through various
forms of online communication. The key elements of defamation include; The false
statement (the statement made must be untrue), publication (the statement must have
been communicated or seen by a third party, meaning that it has been posted or
shared), and harm (this statement must have been causing harm to reputation of the
individual or entity being targeted by the claims). On social media, defamation could
include posts or captions, comments, private messages that are forwarded,
screenshots, stories, reviews or reposts/shared content. Once a material is shared, it is
seen as ‘published’, even if the audience is small.
Why are defamation cases increasing?
Australia has seen steady growth in defamation actions in recent years, largely due to
online communications. Everyday disputes, workplace tensions, and interpersonal
conflicts now often play out publicly on social platforms. Combined with the
accessibility of posting, the speed of content circulation and the misunderstanding of
legal consequences, more individuals are unintentionally placing themselves at risk of
legal liability.
What are the consequences of defamation?
For the affected individual or entity, defamatory statements can damage their
reputation, relationships, and professional opportunities, often causing long term social
or career consequences. Legally, they can seek compensatory damages, or formal
apologies under the Defamation Act 2005 (cth). For the offender, consequences include
paying damages, covering legal costs, issuing public retractions, and potential
reputational harm. These legal and social outcomes highlight the importance of
responsible communication, particularly online, where statements can spread rapidly
and widely.