What digital media businesses need to know about Australia’s defamation laws
The recent changes to Australia’s defamation laws, focusing on online content, are likely to impact many businesses in the digital media space. Arné Booysen, senior underwriter and head of professional indemnity, at Markel Australia, explains what digital media businesses need to know.
Arné Booysen
With the recent passing of Tasmania’s Defamation Amendment Bill 2024, Australia has taken significant steps in implementing Stage 2 Defamation reforms, updating the Defamation Act 2005 to better address online content.
What some media organisations, professionals and content creators may be unaware of, however, is that the new laws clarify the legal actions and so, correspondingly, make it easier for legal action to be brought against them for alleged defamation in digital communications.
And with only half of the country’s jurisdictions having implemented the reforms, the lack of national regulatory harmony on defamation in digital content creates legal uncertainty for companies operating across multiple states, while opening up the risk of “forum shopping” by claimant lawyers seeking favourable outcomes in specific jurisdictions.
