In what could be a tide changing moment in Australian defamation legislation, 2021 saw one of the most significant amendments to the law in states and territories, notably excluding Western Australia and the Northern Territory. The introduction of a “serious harm” threshold has fundamentally altered the defamation landscape.
The development, now mandates a plaintiff to not just allege defamation but go a step further to confirm that the concerned publication has occasioned, or is likely to cause, severe harm to their reputation.
Applicable to an “excluded corporation”, which under the law, possesses the right to sue for defamation, the implications of this change are consequential. In order to successfully secure a defamation claim, these corporations must provide proof that their reputations suffered ‘serious harm’.
Precisely defining ‘serious harm’ in these situations could be challenging as it will depend on various factors specific to the case. Therefore, the task of implementing this new threshold could potentially be a source of dispute in future legal proceedings.
Without a doubt, this significant amendment to the defamation law will play a vital role in safeguarding individuals and corporations from petty and unfounded defamation claims. It simultaneously acknowledges the right of freedom of expression, presenting a balanced outlook towards safeguarding reputations while allowing free speech.
As legal professionals, it will be crucial to follow and understand the developments that unfold from this new ruling. It not only redefines defamation claims but also underscores the importance of concrete evidence over mere allegations.