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Defamation Disputes

Potts Lawyers > Defamation Disputes

Defamation and Serious Harm

Introduction On 1 July 2021, the Defamation Act 2005 (QLD) (‘Act’) was amended to incorporate, among other things, a new element for the cause of action of defamation. That new element is referred to as the ‘serious harm’ element. Read our outline of the amendments to the Defamation Act which came into effect on 1 July 2021. This article will discuss case law subsequent to the amendments to the Act on 1 July 2021 which has elucidated the concept of the serious harm element in defamation dispute matters.   General Advice Only This article is general in nature and should not be construed or relied upon...

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Recent Updates in Queensland Defamation Law

The 1st of July 2021 saw amendments to the Defamation Act 2005 (Qld) (‘the Act’) take effect, keeping Queensland in line with New South Wales, Victoria and South Australia. A single publication rule for publications pertaining to the same defamation matter A serious harm threshold that must be established The mandatory requirement of a concerns notice A scientific or academic peer review defence, and a public interest defence Greater detail on the cap on damages for non-economic loss Important Considerations for Potential Plaintiffs Single Publication Rule If you believe you have an action at defamation it is important that you note the strict...

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Recent Updates in Queensland Defamation Law

The 1st of July 2021 saw amendments to the Defamation Act 2005 (Qld) (‘the Act’) take effect, keeping Queensland in line with New South Wales, Victoria and South Australia. A single publication rule for publications pertaining to the same defamation matter A serious harm threshold that must be established The mandatory requirement of a concerns notice A scientific or academic peer review defence, and a public interest defence Greater detail on the cap on damages for non-economic loss Important Considerations for Potential Plaintiffs Single Publication Rule: If you believe you have an action at defamation it is important that you note the strict...

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Social Media Defamation: What to Look Out For

As defamation lawsuits in relation to publications made on social media like Facebook and Twitter are continuing to rise, it is important to understand how defamation law extends to the internet and whether there are any additional factors that you need to consider before defending or initiating a defamation dispute.   Are Defamatory Publications on Social Media any different from traditional Defamation cases? Generally, defamation occurs when defamatory material relating to an individual is published. The defamatory publication simply needs to be: communicated by the defendant to a third party other than the plaintiff; must identify the plaintiff; and must contain information or material...

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