Are you involved in a situation regarding defamation in Queensland?
Defamation is serious, so it is important that you are aware of your rights and the possible outcomes of the matter.
In Queensland, defamation is the communication of defamatory information to one or multiple third parties.
It is governed by the Criminal Code Act 1899 and further established in the Defamation Act 2005.
If you are in a criminal or civil case of defamation on the Sunshine Coast then it is important that you speak to a suitably qualified solicitor as soon as possible.
Been accused of defamation in Queensland? Be referred to the best litigation lawyers on the Sunshine Coast
What is Defamation in Queensland?
Defamation is defined as the sharing or publication of false information that causes damage to an individual or business.
The publication can vary in definitions and can be oral, as in speaking or written/published on a public platform.
What the Law Says
Criminal defamation in Queensland is established in section 365 of the Criminal Code Act 1899. It states:
1. Any person who, without lawful excuse, publishes matter defamatory of another living person (the relevant person)—
2. knowing the matter to be false or without having regard to whether the matter is true or false; and
3. intending to cause serious harm to the relevant person or any other person or without having regard to whether serious harm to the relevant person or any other person is caused;
commits a misdemeanour.
Maximum penalty—3 years imprisonment
1. In a proceeding for an offence defined in this section, the accused person has a lawful excuse for the publication of defamatory matter about the relevant person if, and only if, subsection (3) applies.
2. This subsection applies if the accused person would, having regard only to the circumstances happening before or at the time of the publication, have had a relevant defence for the publication of the relevant person had brought civil proceedings for defamation against the accused person.
This is the criminal charge of defamation in Queensland, but there is also a civil cause of action for defamation.
Very similar to the criminal charge, to bring a civil claim for defamation it must satisfy three (3) requirements:
- There was a publication (written or oral); and
- The publication named you to at least one (1) other person; and
- The publication was defamatory.
The publication is defamatory if it:
- Lowers your estimation in the eyes of right-thinking, or reasonable members of the society generally; and/or
- Put’s you in the position of being shunned and avoided; and/or
- Injures your reputation by exposing it to hatred, contempt, ridicule, or being though less of.
A civil action for defamation is made out relatively easily most of the time, but success in a civil claim depends on the defences available to a defendant.
Elements of Defamation in Queensland
There are several elements involved in the offence of defamation, elements that must be proved by the prosecution in order for an individual to be rightfully found guilty of the crime. These elements include:
- Publication: The defamatory material must have been communicated to a third party or published on a public forum. This includes any form of media, newspaper writing, posts on social media, or speech.
- Involvement of a third party: The aforementioned material must have been communicated with one or multiple third parties.
- Defamatory content: The material will only be considered defamatory if it is false or untrue in nature. It will also only be considered defamatory if it does or has the reasonable potential to damage an individual’s livelihood or reputation.
Been accused of defamation in Queensland? Be referred to the best litigation lawyers on the Sunshine Coast
Defences to Defamation in Queensland
There are a number of defences for the offence of defamation defined under the Defamation Act 2005. These include, but are not limited to:
- The Defence of Justification:
- The Defence of Contextual Truth:
- The Defence of Qualified Privilege:
- The Defence for Publication of Public Documents:
- Defences of Honest Opinion:
We will explain these in more detail below.
The Defence of Justification
The defence of justification is defined by the Defamation Act 2005 as:
It is a defence to the publication of defamatory matter if the defendant proves that the defamatory imputations carried by the matter of which the plaintiff complains are substantially true.
This means that a defamation charge is automatically invalidated if the content of the defamation is true.
The Defence of Contextual Truth
The defence of contextual truth is defined by the Defamation Act 2005 as
It is a defence to the publication of defamatory matter if the defendant proves that—
(a) the matter carried, in addition to the defamatory imputations of which the plaintiff complains, 1 or more other imputations (contextual imputations) that are substantially true; and
(b) the defamatory imputations do not further harm the reputation of the plaintiff because of the substantial truth of the contextual imputations.
Contextual truth is a valid defence if the content of the defamation was partially true and partially false.
The defence will only apply however if the untrue accusations against the victim are considered by the court to not have further damaged the individual’s reputation.
The Defence of Qualified Privilege
The defence of qualified privilege, as stated by the aforementioned legislation, is:
Section 30(1) of the Defamation Act says:
(1) There is a defence of qualified privilege for the publication of defamatory matter to a person (the “recipient”) if the defendant proves that –
(a) the recipient has an interest or apparent interest in having information on some subject; and
(b) the matter is published to the recipient in the course of giving to the recipient information on that subject; and
(c) the conduct of the defendant in publishing that matter is reasonable in the circumstances.
It is a defence if the publication was published by someone with a legal, moral, or social duty to make the publication, and the person who received the publication had a duty to receive it.
The Defence for Publication of Public Documents
The defence for publication of public documents is defined by section 28 of the Defamation act as:
(1) It is a defence to the publication of defamatory matter if the defendant proves that the matter was contained in—
(a) a public document or a fair copy of a public document; or
(b) a fair summary of, or a fair extract from, a public document
The section further describes the scenarios where the publication of public documents would apply.
The defence applies if the imputations were rightfully published information. This includes court documents and other legal matters, as well as if the information was published for the purposes of furthering education on the matter.
Defences of Honest Opinion
The defence of honest opinion is defined by section 31 of the defamation act as:
(1) It is a defence to the publication of defamatory matter if the defendant proves that—
(a) the matter was an expression of opinion of the defendant rather than a statement of fact; and
(b) the opinion related to a matter of public interest; and
(c) the opinion is based on proper material.
The section continues on to describe matters where the defence would apply in a court.
This defence is valid if the defamatory material was an expression of opinion rather than a statement of fact and the expression was made for the benefit of the public and based on valid material.
Key Takeaways:
Defamation is a serious offence and can have serious civil ramifications, so if you find yourself accused it is important you are aware of your rights and the possible outcomes of the matter.
It is recommended you seek the assistance of a legal professional, as you may be faced with a criminal record, fines, community service, or imprisonment in criminal, or a serious amount of damages, costs, and interest in civil proceedings.
Been accused of defamation in Queensland? Be referred to the best litigation lawyers on the Sunshine Coast
What is a Director Penalty Notice?