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ARTICLE · 09 SEPTEMBER 2015

Social media defamation actions soar

Typing nasty comments about somebody on social media or retweeting offensive remarks could be defamation under the law.

AustraliaLitigation, Mediation & Arbitration

It's done in a fit of anger or outrage, often late at night after more than a few drinks. But it can have serious consequences and increasingly can lead to court action that ends up costing a lot of money.

Typing nasty comments about somebody on social media whether it is via a blog, on Facebook, on Twitter or even retweeting someone else's offensive tweet can amount to defamation under the law. Just because it is broadcast by an individual over social media and heads out into the ether rather than printed in a newspaper or broadcast by a major media organization such as a television or radio station does not mean the defamation is immune from the law.

Victims of defamatory comments on social media are increasingly seeking retribution through the law. In recent cases a NSW teenager was ordered by a court to pay $105,000 for defaming a teacher on Twitter. In Western Australia a woman had to pay $12,500 to her ex-husband after posting damaging claims about him on

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