What is defamation in Australian law?

Defamation law is in the spotlight after several high-profile cases in Australia. So how does defamation law work?

Transcript

00:00The Ben Robert Smith defamation case.

00:01Ben Robert Smith's defamation case.

00:03Bruce Lehrman's defamation case.

00:05Bruce Lehrman's defamation trial.

00:08Defamation law is in the spotlight after several high-profile cases in Australia.

00:14So how does defamation law work?

00:17Defamation is the publication of material that seriously harms a person's reputation.

00:23The law gives a person with a wrongfully damaged reputation

00:27the right to take legal action against those responsible.

00:31To succeed in a defamation case, a plaintiff must prove that the material was published

00:36to a third party, identified them, and seriously harmed their reputation.

00:41Since 2021, Australian law has also required that the plaintiff prove

00:46the harm to their reputation is significant.

00:50People accused of defamation may have several defences,

00:53such as proving what they said was true, an honest opinion, or a fair report in the public's interest.

01:00In 2024, law reforms were made to modernise defamation law for the digital age.

01:06Given the complexity and potential costs involved, both plaintiffs and defendants

01:10are advised to seek legal guidance before proceeding with defamation actions.