Serious harm threshold in defamation in Queensland

Article Summary

The amendment of the Defamation Act 2005 (Qld) in 2021 introduced a pivotal change in defamation law with the incorporation of the serious harm threshold. This legislative adjustment mandates that plaintiffs in defamation cases must demonstrate that the defamatory publication has caused, or is likely to cause, serious harm to their reputation, a requirement that shifts the burden of proof from defendants to plaintiffs.

This change aims to balance the right to freedom of expression with the protection of individual reputations, ensuring that only claims of substantial reputational damage proceed to court.

The serious harm threshold is defined in Section 10A of the Defamation Act, detailing that harm to an individual's reputation or a corporation's financial standing must be significant to constitute serious harm. This requirement necessitates a judicial assessment, allowing for the early dismissal of cases that do not meet this criterion,