Share on LinkedInShare on LinkedIn

ARTICLE · 23 JUNE 2021

What constitutes Serious Harm for purposes of a claim for Defamation?

3 essential elements need to be proven by a plaintiff in order to establish a prima facie cause of action for defamation.

AustraliaLitigation, Mediation & Arbitration

On the basis of current common law considerations there are only 3 essential elements that need to be proven by a plaintiff in order to establish a prima facie cause of action for defamation. Firstly the material complained of must be proven to have been published, that is it has been communicated to a third party; secondly it must identify the plaintiff; and thirdly it must be shown to be defamatory or in other words, have a tendency to discredit the plaintiff in the eyes of right-thinking members of the community.

With the introduction of the proposed amendments to the Defamation Act there will however now be a fourth element that a plaintiff will have to contend with or at least be in a position to argue.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from