Some "Serious" Developments In Defamation Law

In 2021, one of the most significant changes to Australian defamation legislation, in most states and territories (save for Western Australia and the Northern Territory), was the introduction of a "serious harm" threshold to the defamation laws in effect. It is now the case in those jurisdictions that a plaintiff must prove that the publication has caused, or is likely to cause, serious harm to their reputation. In the case of an "excluded corporation" who is able to sue for defamation, the plaintiff corporation must prove the publication has caused, or is likely to cause, "serious financial loss."

The "serious harm" threshold was introduced to encourage defamation disputes to resolve without litigation, in particular claims where any potential damages awarded might be modest and out of proportion to the costs of the litigation.