The Defamation Act 2005 (Qld) (‘the Act’) has undergone significant amendments in recent years, aimed at modernising and streamlining defamation laws in Queensland. These changes reflect the rapidly evolving landscape of communication and the need for clearer guidance in defamation disputes. In this article, we will provide an overview of the most critical updates to the Act and their implications for both legal practitioners and the broader public.

1. Introduction of the Serious Harm Threshold
   One of the most significant amendments to the Act is the introduction of the serious harm threshold. As mentioned in previous articles (linked here), the threshold requires claimants to prove that the defamatory statement has caused or is likely to cause serious harm to their reputation. This amendment provides clarification on what constitutes ‘serious harm’ in attempt to filter out trivial claims and strike a balance between protecting individuals’ reputations and safeguarding freedom of speech.
2. Single Publication Rule
   The amendments also introduced the single publication rule, which stipulates that the limitation period of 12 months for bringing a defamation claim is calculated from the date of the first publication. This rule applies regardless of any subsequent publications, provided they are substantially the same as the original publication. This change is particularly relevant in the digital age, where content can be easily shared and republished across multiple platforms.
3. Requirement to issue a Concerns Notice
   The amendments to the Act have made it mandatory for a claimant to give the publisher a valid Concerns Notice before commencing proceedings for defamation (although in certain circumstances a court may grant leave to commence proceedings without a concerns notice having been issued). A Concerns Notice is intended to notify the publisher of the alleged defamation, and allows the publisher an opportunity to make amends without the need for legal proceedings. There are specific formal requirements that a concerns notice must comply with in order to be a valid notice.
4. Protection for Responsible Public Interest Journalism
   The revised Act includes a new defence of public interest which encompasses a broader range of scenarios than was previously allowed under the Act. To successfully rely on this new defence, a defendant must demonstrate that the content of their publication was about a matter of public interest and that they reasonably believed that publishing the content was in the public interest.
5. Clarification on the cap for non-economic damages
   The updated Act clarifies the cap on non-economic damages, which is now adjusted annually for inflation. This cap serves as a limit on the amount of compensation that can be awarded for non-economic losses, with the maximum amount to be awarded only in serious cases. It should be noted that a court has a discretion to order a greater amount than the maximum where it is satisfied that the circumstances of the publication warrant an award of aggravated damages.

These 2021 amendments to the Act bring significant changes to defamation law in Queensland, modernising the legislation to better reflect the current communication landscape. If you believe you have been defamed, or if you have received a Concerns Notice, contact our office to speak with one of our specialist defamation lawyers in relation to next steps.