In the blink of an eye, a single post, comment, article or message can go viral damaging your reputation or business in an instant. In Queensland, defamation whether published online, in print, or spoken aloud is a serious legal issue governed by the strict provisions of the Defamation Act 2005 (Qld) (Defamation Act).[1]

When defamation occurs, it’s imperative to act swiftly to minimise the damage to you and your business. So, what should you do next?

Preserve the Proof: Your First Line of Defence

If you’ve been defamed or think you have been defamed, your immediate priority should be to gather and secure all evidence of the defamatory material. This includes taking clear screenshots with visible URLs and timestamps, particularly for online content such as articles, social media posts, blogs, or forum comments.

Serious Harm or Just Annoyance? The Defamation Test

Section 10A of the Defamation Act establishes a stringent threshold for defamation claims, requiring the plaintiff to demonstrate that the published material has caused, or is likely to cause, serious harm to their reputation. In making this determination, the court considers the following factors:

1. The nature and tone of the content—whether it is substantially damaging or merely incidental;
2. The extent of its dissemination and the characteristics of the audience—whether it reached a limited group or a broader public; and
3. The actual or potential impact on the plaintiff’s reputation, both in personal and professional contexts.[2]

If the plaintiff is unable to meet this threshold, they are prevented from initiating or continuing defamation proceedings.

Call in the Experts: Because Google Isn’t a Lawyer

When dealing with defamation, it’s crucial not to rely on internet forums or informal advice from friends who “know a bit about the law.” Consulting a qualified litigation lawyer ensures you receive accurate guidance on whether you have a valid case, if the other party may have any legal defences, and assistance with issuing a Concerns Notice, a mandatory step before initiating legal proceedings.[3]

Most importantly, your lawyer will ensure you meet the strict 12-month limitation period for filing a claim, because while reputational damage can be lasting, your legal rights to respond are limited.[4]

What is a Concerns Notice? 

A Concerns Notice serves as a formal opportunity for the aggrieved party to notify the publisher of the alleged defamatory material and the harm it has caused. Its primary purpose is to encourage resolution without resorting to costly and time-consuming court proceedings.

Under Section 12A of the Defamation Act a person intending to bring a defamation claim must first give the defendant a Concerns Notice.[5]

This notice must:

1. Be in writing;
2. Specify the location where the defamatory material can be accessed (for example, a webpage address);
3. Inform the publisher of the defamatory imputations the complainant believes are or may be conveyed about them by the material;
4. Inform the publisher of the serious harm to the complainant’s reputation caused or likely to be caused by the publication; and
5. If the complainant is an excluded corporation, also inform the publisher of the serious financial loss caused or likely to be caused by the publication.[6]

By clearly outlining the issues and allowing the publisher to respond, whether through a retraction, correction, apology, or offer to make amends, the notice aims to facilitate an early settlement.

Making Amends: A Practical Step Toward Resolution

When a publisher wants to resolve a defamation dispute without court, they may make a formal offer to make amends. Such an offer under the Defamation Act must:

1. Be in writing and clearly identified as an offer to make amends;
2. Remain open for acceptance for at least 28 days;
3. Specify if it applies only to certain defamatory imputations and detail them;
4. Include an offer to publish a reasonable correction, clarification, or additional information;
5. If others have received the defamatory material, offer to notify them about the potential defamation; and
6. Cover reasonable expenses incurred by the aggrieved person before and during consideration of the offer.[7]

Issuing a Concerns Notice may prompt the publisher to make a formal offer to make amends providing a valuable opportunity to resolve the matter quickly, avoid litigation, and achieve a practical outcome for the harm caused.

Conclusion

Defamation can occur suddenly and cause significant damage to your personal or business reputation but knowing the right steps can help you minimise that harm. The key is to act promptly: preserve all relevant evidence, understand the legal threshold of “serious harm,” and engage an experienced lawyer to guide you through the crucial process of issuing a Concerns Notice.

If you believe you have been defamed, it’s important to act quickly, strategically, and within the law, contact us today for expert advice on how to protect your reputation and move forward.

[1] Defamation Act 2005 (Qld).

[2] Ibid s10A.

[3] Ibid s12A.

[4] Limitation of Actions Act 1974 (Qld) s10AA.

[5] Defamation Act (n 1) s12A.

[6] Ibid.

[7] Ibid s 15(1).

The content of this publication is intended to provide a summary and commentary only. It is not intended to be comprehensive, nor does it constitute legal advice and has been prepared based on applicable legislation and case authority at the date of publication. You should seek legal advice on specific circumstances before taking any action.