With the rise of social media platforms such as Facebook, Instagram, Twitter (now X), and TikTok, many of us spend a significant portion of our day online, sharing our thoughts, opinions, and experiences. However, what we share can sometimes lead to unintended legal consequences, particularly when it comes to defamation.
Defamation is when someone makes false statements that harm another person’s reputation. While social media offers a platform for expression, it’s essential to understand that what you post can have serious legal implications if it crosses the line into defamation.
Recent Changes in Defamation Law
In NSW, recent changes to defamation laws now require plaintiffs to prove that their reputation has been “seriously harmed” by the defamatory statement. This mirrors the situation in England and Wales, where defamation claims have become more difficult to win unless substantial damage is demonstrated.
A notable case highlighting the dangers of social media defamation involved actor and activist Laurence Fox. In 2020, Fox made a tweet calling two social workers “paedophiles” in response to accusations that he was racist. The social workers, who had a public profile and worked with vulnerable children, sued Fox for defamation, arguing that the claim of paedophilia severely damaged their reputations. The High Court ruled in their favour, finding that the tweets had caused “serious harm” to the social workers’ reputations. Fox’s defence—claiming he was merely responding to a prior attack on his own reputation—was rejected by the court, which stated that retaliation does not justify defamation.
Social Media Defamation: What You Need to Know
Defamation on social media isn’t limited to just text. It can include images, videos, or even comments on posts that are false, malicious, and harm someone’s reputation. If you’re wondering whether you can be sued for defamation based on something you’ve posted, the answer is yes, but there are specific criteria that must be met:
- The material was published to at least one other person. Social media platforms like Facebook or Twitter provide the necessary “publication” to an audience.
- The material identifies the person being defamed. Even if a person is not directly named, if readers believe the material refers to them, it can still be considered defamatory.
- The statement is untrue. Truth is a defence against defamation, but if the statement is false and has no factual basis, it could be deemed defamatory.
- The material is aimed at an individual or business. Defamation isn’t limited to generalised opinions; it must be specific enough to harm the reputation of a particular person or entity.
- The material causes serious harm to reputation. This is often the most crucial element in modern defamation cases. Serious harm can include lost income, damaged career prospects, or personal distress.
Real-life Example: The Consequences of Defamation on Social Media
A case from Queensland serves as a stark reminder of the consequences of social media defamation. In 2023, a woman posted a false accusation on Facebook, claiming her neighbour was a paedophile. Although the post was live for just 90 minutes, it caused significant harm. The court ordered her to pay $279,000 in damages, demonstrating the severe financial and personal repercussions that can arise from defamatory content, even when it’s shared for a short time.
What Should You Do If You’ve Been Defamed?
If you’ve been the victim of defamation on social media, there are steps you can take. It’s essential to document the defamatory content, including the date and time of the post. You should also seek legal advice quickly, as defamation claims must be filed within one year of the publication.
In defamation cases, there are defences available, such as proving the statement was true or was an honest opinion. A legal professional can help you assess the situation and determine the best course of action.
Conclusion
Social media provides an invaluable platform for expression, but it comes with the responsibility to avoid spreading false or damaging information about others. Whether you’re a business, a public figure, or just an everyday user, it’s crucial to be mindful of what you post, as defamation can lead to significant legal and financial consequences.
If you’re ever in doubt, it’s always a good idea to think twice before hitting “send” on a post that could harm someone’s reputation. Legal action for defamation can be costly and damaging, so it’s wise to ensure that your online behaviour doesn’t cross into dangerous territory.