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ARTICLE · 02 OCTOBER 2026

Publication In Defamation Law: Who Is Liable?

Understanding who can be held liable for defamatory statements requires examining the complex legal concept of publication in defamation law. From traditional publishers to modern digital intermediaries, the scope of liability extends far beyond the original author, though recent Queensland legislation has introduced important exemptions and defences for certain online actors.

AustraliaLitigation, Mediation & Arbitration

Article Summary

Publication in defamation means communicating defamatory matter about the plaintiff to at least one person other than the plaintiff who can understand it.

A private accusation sent only to the person accused is not enough. Publication in defamation can occur through speech, writing, images, conduct, email, messaging apps, websites, reviews, search results and social-media activity.

The author is an obvious publisher, but liability can extend to an editor, media organisation, employer, republisher, page administrator or another person who intentionally participates in the communication.

Mere technical involvement does not always attract liability: Queensland now gives defined exemptions to some caching, conduit, storage and search-engine services, a complaints-based defence to qualifying digital intermediaries, and the defence of innocent dissemination to subordinate distributors.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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