Defamation and Online Harassment Laws in Australia

Defamation in Australia is the common-law tort of defamation, changed by Defamation Acts in the states and territories that aim to keep the law uniform across the country. The person defamed must show that the publication caused, or is likely to cause, serious harm to their reputation; for a corporation that is allowed to sue, this means serious financial loss. A judge, not a jury, decides whether serious harm is established.

Sources1Defamation Act 2005 (Qld) ss 3, 6 and 10A2Defamation Act 2005 (Vic), Act No. 75/2005 (in force)

Defamation is normally a civil claim, but state criminal law can also apply. In Queensland, publishing defamatory matter about a living person is a misdemeanour carrying up to 3 years in prison if the person knows it is false or does not care whether it is true, and intends serious harm or does not care whether serious harm is caused, unless they have a lawful excuse.

Source3Criminal Code Act 1899 (Qld), Schedule 1, s 365 (Criminal defamation)

In Queensland, a defamation claim must be brought within 1 year from the date the material was published (for online material, the day it was first uploaded or sent). If a concerns notice is given in the last 56 days before the deadline, the period is extended, and a court can extend it to up to 3 years from publication if the claimant shows it is just and reasonable to let the case go ahead.

Source4Limitation of Actions Act 1974 (Qld) ss 10AA and 32A

Australian law has abolished the distinction between libel and slander, so any defamatory publication can be sued on without proving special damage. There is no separate US-style 'per se' category, but the claimant must still meet the serious harm element.

Source1Defamation Act 2005 (Qld) ss 7 and 10A

The ACT's Protection of Public Participation Act 2008 targets lawsuits brought for an improper purpose against people taking part in public debate, but it expressly does not apply to defamation claims. Within the Defamation Acts, the main safeguards are the serious harm element, which a judge can decide before trial and use to dismiss a claim, and the court's power to consider misuse of a party's superior financial position when awarding costs.

Sources5Protection of Public Participation Act 2008 (ACT) ss 6-9 (s 8(2)(a) excludes defamation)1Defamation Act 2005 (Qld) ss 10A and 40

Before suing, the person defamed must give the publisher a written concerns notice that says where the material can be found, the defamatory meanings complained of and the serious harm caused, and must wait out the period in which the publisher can offer to make amends (usually 28 days). An offer to make amends must include an offer to publish a reasonable correction or clarification. If the publisher makes a reasonable offer promptly, is ready to carry it out, and the offer is turned down, the publisher can rely on that as a defence.

Source1Defamation Act 2005 (Qld) ss 12A, 12B, 14, 15 and 18

The publisher has to prove its defences. The main ones are justification (the imputations are substantially true), contextual truth, absolute and qualified privilege, public interest (the publisher reasonably believed publishing was in the public interest), honest opinion on a matter of public interest based on proper material, and innocent dissemination by subordinate distributors. Amendments made in 2025 also give digital intermediaries a defence under Queensland's Act if they had an accessible complaints mechanism and, after a written complaint, took reasonable steps to prevent access within 7 days.

Source1Defamation Act 2005 (Qld) ss 25-32, including ss 29A and 31A

Under federal law it is a crime, punishable by up to 5 years in prison, to use a phone or internet service in a way reasonable people would regard as menacing, harassing or offensive. States also have stalking offences: Queensland's covers repeated or protracted conduct such as contacting, monitoring or tracking a person, including through technology, with a maximum of 5 years in prison, or 7 years in aggravated cases.

Sources6Criminal Code Act 1995 (Cth), Schedule, s 474.173Criminal Code Act 1899 (Qld), Schedule 1, ss 359B and 359E

Under the Online Safety Act 2021, material on social media or other online services is cyber-abuse targeted at an Australian adult if a reasonable person would conclude it was likely intended to cause them serious harm and it is menacing, harassing or offensive. If the platform does not remove it within 48 hours of a complaint and a complaint is also made to the eSafety Commissioner, the Commissioner can order the platform to remove it, generally within 24 hours. Serious cases can also be prosecuted under the federal offence of using a carriage service to menace or harass.

Sources7Online Safety Act 2021 (Cth) ss 7 and 886Criminal Code Act 1995 (Cth), Schedule, s 474.17

Federal law makes doxxing a crime: using a phone or internet service to publish or share someone's personal data, such as their name, image, phone number or address, in a way reasonable people would regard as menacing or harassing carries up to 6 years in prison. A separate offence, with up to 7 years in prison, covers doxxing members of a group because of a belief that the group is defined by race, religion, sex, sexual orientation, disability or similar characteristics.

Source6Criminal Code Act 1995 (Cth), Schedule, ss 474.17C and 474.17D

Sending sexual material of an adult over a phone or internet service, knowing they do not consent or reckless about it, is a federal crime carrying up to 6 years in prison, including deepfakes created or altered with technology. Under the Online Safety Act, posting or threatening to post an intimate image without consent can lead to a civil penalty, and after a complaint the eSafety Commissioner can order a platform to remove the image, generally within 24 hours. States have their own offences too, such as Queensland's offence of distributing intimate images, which carries up to 3 years in prison.

Sources6Criminal Code Act 1995 (Cth), Schedule, s 474.17A7Online Safety Act 2021 (Cth) ss 75 and 773Criminal Code Act 1899 (Qld), Schedule 1, s 223