Online Defamation in Australia: Your Legal Options

A one-star Google review accuses you of fraud. A Facebook post calls you a thief. A forum thread alleges your business engages in misconduct. Online defamation moves fast and the damage compounds — Australian law gives you options. The question is whether you act in the right sequence and within the strict time limits.

The legal framework

The Defamation Act 2005 is uniform across New South Wales, Victoria, Queensland, Western Australia, South Australia, the Australian Capital Territory, Tasmania and the Northern Territory (with Northern Territory’s equivalent). It allows a person or small business (a company with 10 or more employees generally cannot sue) to sue for publication of material that lowers their reputation in the eyes of ordinary, reasonable members of the community. The 2021 reforms introduced a serious harm threshold — the publication must have caused or be likely to cause serious harm to reputation. The limitation period is one year from publication (with limited extension).

The mandatory first step: a Concerns Notice

Since the 2021 reforms (in force everywhere except Western Australia; in the Northern Territory since 11 August 2025), you cannot start defamation proceedings without first issuing a Concerns Notice under section 12A of the Defamation Act. The Concerns Notice identifies the publication, the defamatory imputations, the serious harm caused, and gives the publisher the opportunity to make a reasonable offer to make amends (apology, correction, takedown, compensation) within 28 days. A Cease and Desist letter is the practical vehicle for the Concerns Notice — it puts the publisher on formal notice and starts the statutory clock.

Common pitfalls in online defamation

• Replying online. Engaging with the defamatory post amplifies its reach and creates fresh content that can be picked up.
• Demanding takedown without a Concerns Notice. A request framed as a formal Defamation Act 2005 concerns notice sets out exactly what you want removed.
• Missing the one-year limitation. The limitation period generally runs from the first publication, even if the same publisher re-posts substantially the same material later (the single publication rule from the 2021 reforms).
• Suing the platform before the publisher. Usually the publisher is the right first target.
• Settling without confidentiality. An informal apology can be retracted and discussed publicly later.

What the document does

A Cease and Desist / Concerns Notice for defamation identifies the publication (URL, screenshots, dates), specifies each defamatory imputation, sets out the serious harm (lost customers, contract cancellations, mental distress, public ridicule), demands removal and apology within 28 days, invites a reasonable offer to make amends, and reserves the right to commence proceedings. It satisfies section 12A so the clock to litigation is preserved.

What Claim Done delivers

For a flat fee, Claim Done drafts a Cease and Desist / Concerns Notice that complies with section 12A of the Defamation Act 2005, properly identifies the imputations and serious harm, and gives the publisher the statutory window to respond.

What happens after

If the publisher refuses or makes an inadequate offer, you can commence proceedings in the District or Supreme Court of your state — and your Concerns Notice forms part of the procedural record.