A brief review of the law of defamation and its recent
changes
On 1 July 2021, major changes to the defamation law came into
effect. These changes introduced, among other things, the single
publication rule, serious harm threshold and the requirement to
issue a concerns notice before proceedings can be commenced.
But what does this mean for the layperson? In short, the court
is tired of baseless claims against keyboard warriors and social
media "sin-fluencers". This article discusses what is
needed to have your day in court for a cause of action in
defamation.
What is defamation?
Defamation is the communication to a third party of material
that harms the reputation of another that is reasonably
identifiable from the material. The purpose of the cause of action
is to vindicate and protect the reputation of the defamed person.
The uniform defamation laws in each Australian State and Territory
provide a remedy for defamation by way of damages.
