CHAPTER CONTENTS

Last updated 10 November 2025

click to download a pdf of this chapterDefamation: 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.

Potential Changes to the Defamation Act

In October 2025, the Defamation and Other Legislation Amendment Bill 2025 (2025 Bill) was referred to the Queensland Parliamentary Committee for consideration. The proposed amendments will align Queensland’s defamation laws with those in other Australian jurisdictions.

Notably, the 2025 Bill proposes to:

  • exempt digital intermediaries from defamation for the publication of digital matter in certain circumstances (e.g. they did not take an active role in the publication)
  • introduce a defence for digital intermediaries (e.g. passive social media platforms, online administrators and search engines) where defamatory material is posted by a third party. This defence will be available provided that the digital intermediaries take reasonable steps to remove or prevent access to the matter either before or within seven days of receiving the complaint to remove or restrict access to the material
  • expand the court’s powers to order the removal of defamatory content and to identify anonymous posters, even when the digital intermediaries are not party to the proceeding
  • protect victims of sexual harassment and assault who speak up in good faith from defamation proceedings where the incident has been reported to the police
  • amend 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.