Can You Get Sued for What You Say in a Group Chat?
In an age where conversations take place in digital spaces rather than coffee shops, it’s easy to forget that our words — even in private chats — can have real-world consequences. Whether it’s WhatsApp, Messenger, or a workplace group chat, the question many Australians are now asking is: Can you actually get sued for what you say in a group chat?
Defamation occurs when someone publishes material that damages another person’s reputation. The key word here is publishes. In legal terms, a statement is “published” if it’s communicated to at least one person other than the one it’s about. That means that even a message in a small group chat could technically count as publication under Australian law.
When a Private Chat Becomes Public
While your group chat might feel private, the law views it differently. If a defamatory statement made in a group chat is seen by multiple people, it may be enough to meet the publication threshold for defamation.
For example, if you make a false claim about a colleague in a work messaging group, and others in that chat read it, you could be held liable if it harms that person’s reputation. The courts have already considered similar cases involving online comments, and the trend is clear — digital messages are not immune from scrutiny.
Even more, if someone screenshots your message and shares it beyond the group, your words could reach a wider audience, increasing your legal exposure.
Intent Doesn’t Always Matter
You might not have meant harm — but intent isn’t always necessary to prove defamation. The key question is whether the statement would cause an “ordinary reasonable person” to think less of the subject. Sarcasm, jokes, or offhand remarks can still be defamatory if others interpret them as damaging.
The Defamation Act 2005 (Cth), amended in 2021, now includes a “serious harm” threshold, meaning plaintiffs must show that the defamatory statement caused or is likely to cause serious harm to their reputation. Still, the bar isn’t particularly high, especially when the content spreads beyond a small circle.
Freedom of Speech vs. Responsibility
Many Australians assume freedom of speech protects them from defamation claims, but unlike the United States, Australia does not have a constitutional right to free speech. Instead, we have an implied freedom of political communication, which only applies in limited contexts.
This means everyday conversation, gossip, or personal commentary is not necessarily protected. The principle is simple: freedom of speech does not mean freedom from consequences.
Workplace and School Chat Groups
Group chats at work or school are particularly risky because they often involve professional or social reputations. Making false or harmful comments about colleagues or classmates can lead not only to defamation claims but also to disciplinary action or termination.
Employers are increasingly monitoring digital communications for misconduct, and HR policies now often extend to group chat behaviour — especially when harassment, bullying, or discrimination is involved.
Other Legal Risks: Harassment and Cyberbullying
Defamation isn’t the only risk. Depending on the content of the messages, participants in group chats could also breach anti-harassment, discrimination, or cyberbullying laws. Under Australia’s Online Safety Act 2021, the eSafety Commissioner can order removal of harmful material and impose penalties for online abuse.
Even private messages can be investigated if they involve threats, non-consensual image sharing, or targeted harassment.
How to Protect Yourself
Here are a few practical ways to stay on the right side of the law:
Think before you type. If you wouldn’t say it in public, don’t write it in a chat.
Avoid spreading rumours or unverified information.
Respect privacy. Don’t share screenshots or personal details without consent.
Understand workplace policies on communication and harassment.
Seek legal advice if you believe you’ve been defamed or accused of defamation.
What If You’re Accused of Defamation?
If someone claims you’ve defamed them in a chat, do not delete messages or attempt to “fix” the situation by apologising publicly. Contact a lawyer immediately. There are possible defences under Australian law, such as truth (justification), honest opinion, or qualified privilege, but these must be handled carefully to avoid worsening the situation.
Group chats might feel like casual spaces, but legally, they’re not as private as they seem. The digital trail we leave behind can have lasting implications — and sometimes, costly ones.
Understanding the intersection between free expression and defamation law helps protect your reputation and the rights of others. In today’s connected world, every message counts.
Be mindful of what you say online — it could have legal consequences. For expert advice on defamation or online conduct,
