CHAPTER CONTENTS
Last updated 17 February 2026
Defamation: What You Need to Know
The Law Relating to Defamation in Queensland
Declaring Something as Defamatory
Form of Communicating Defamatory Matter
Who Can Bring an Action for Defamation
Who Can be a Publisher
Defending Defamation Claims
Resolving Defamation Disputes without Going to Court
Going to Court with a Defamation Claim
Orders by the Court in a Defamation Claim
Criminal Defamation
In Queensland, a claim for defamation may be made by a living person, a not-for-profit corporation or a corporation with less than 10 employees if a defamatory matter is published by another person (including a large corporation).
Whether a matter is defamatory is a question of fact to be determined by a court considering several judicial principles such as whether the relevant person’s reputation was negatively affected, whether they experienced undesirable behaviour of others towards them or whether they have been shunned, ridiculed or hated because of the matter published.
The information in this chapter is intended as a general overview and is not intended to be a substitute for professional legal advice. A person concerned about defamation should seek specific advice from a solicitor.
Summary of Recent Changes to the Defamation Act
In December 2025, the Defamation and Other Legislation Amendment Act 2025 (Qld) commenced. It introduces changes that align Queensland’s defamation laws with those in other Australian jurisdictions.
In summary, the changes include:
- exempting digital intermediaries from defamation in certain circumstances (e.g. where they did not take an active role in the publishing the defamatory matter)
- introducing a new defence for digital intermediaries where defamatory material is posted by a third party but only if the the digital intermediary takes certain specified steps, which are a condition of the availability of the defence
- expanding the court’s powers to include:
- obtaining preliminary discovery to identify anonymous posters
- making orders for the removal of defamatory content
- identifying anonymous posters
- protecting from defamation proceedings victims of sexual harassment and assault who speak up in good faith where the incident has been reported to police
- amending the criminal defamation offence in s 365 of the Criminal Code Act 1899 (Qld) to reflect the new defence for digital intermediaries and new statutory exemptions from liability.