Defamation perspectives: the ‘serious harm' element a serious hurdle for plaintiffs

Introduction

Since the amendment of the model defamation provisions in 2021, it has been a requirement for defamation claimants to prove that the publication they complain of has caused, or is likely to cause, serious harm to their reputation. The recent decision of the Queensland Supreme Court in Peros v Nationwide News Pty Ltd demonstrates that even the gravest of accusations can fail to meet this threshold of serious harm, representing a significant shift in defamation law in Queensland and other jurisdictions across Australia. The difficulties that can arise for plaintiffs in seeking to prove serious harm mean that separate hearings to determine the serious harm element will often be an effective strategy for defendants to employ at an early stage of a defamation proceeding.