Online reviews have become one of the most powerful influences on consumer behaviour in Australia. A single post on Google, Facebook, TripAdvisor or a niche industry forum can sway public perception within minutes. While many reviews are fair and constructive, some cross the line into harmful, false and reputation-damaging territory. When this happens, businesses and professionals may find themselves facing a defamation claim — or needing to respond to one.
Understanding how to deal with defamation claims from online reviews is essential in the digital age. With the rise of social media commentary and anonymous review sites, Australian courts have increasingly considered online content within the broader landscape of Litigation and Dispute Resolution. This guide outlines how to assess defamatory material, your legal options, and how to navigate disputes strategically.
What Is Considered Defamatory in Australia?
Under Australian defamation law, a statement is defamatory if it:
Damages a person’s reputation in the eyes of a reasonable member of the community.
Identifies or is capable of identifying the person making the complaint.
Is published, including through online platforms, social media, blogs, forums and even private groups.
Importantly, even a short review can meet the definition of publication. For instance, comments like “this business is a scam” or “the owner is a thief” may give rise to actionable claims if untrue and harmful.
Before taking any formal action, it is critical to review the content carefully and gather evidence. Screenshot the review, note the date and time of publication, and identify the platform. If the review is frequently shared or commented on, document this as well.
Consider the following questions:
Does the review contain factual inaccuracies?
Is it based purely on opinion (which may be protected)?
Is it malicious, exaggerated or entirely fabricated?
Can the reviewer be identified?
This early step forms the backbone of any Litigation and Dispute Resolution strategy and helps determine whether informal resolution or legal action is appropriate.
Attempt Informal Resolution
Not every defamatory review needs to become a court matter. In many situations, an informal approach works best, especially when the reviewer is a genuine customer with a grievance.
Possible informal steps include:
Requesting the reviewer to update or remove the review.
Providing additional context or clarification in a calm, factual public reply.
Offering to resolve the underlying issue privately.
Maintaining professionalism in these situations can sometimes turn a negative interaction into a positive one, demonstrating your business’s willingness to address concerns openly and fairly.
Issue a Concerns Notice
A Concerns Notice is a formal requirement under Australian defamation law and must be served before commencing court proceedings. The notice outlines:
The specific content alleged to be defamatory.
Why the content is defamatory.
The harm caused or likely to be caused.
The remedy sought (such as removal, correction, an apology or compensation).
This is a key component of the Litigation and Dispute Resolution process and often prompts the reviewer to reconsider their position. Many matters settle at this stage, avoiding costly litigation.
Consider Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution methods — such as mediation, negotiation or facilitated discussions — are increasingly used in defamation matters due to their cost-effective and confidential nature.
ADR may be appropriate when:
The reviewer is identifiable and willing to communicate.
Both parties prefer to avoid court proceedings.
The matter involves misunderstandings rather than malicious intent.
Using ADR aligns with modern Litigation and Dispute Resolution principles, focusing on efficient and constructive resolution.
Taking Legal Action (If Necessary)
If informal resolution and ADR fail, litigation may become necessary. In Australia, defamation claims are typically heard in state and territory courts, and the process can involve:
Pleadings and responding statements
Discovery of evidence
Expert reports
Court hearings and potential trial
Possible legal remedies include:
Monetary damages
Removal of the defamatory content
Court-ordered apologies or corrections
Because defamation law is highly technical and evolving — particularly regarding digital platforms — legal advice is essential before commencing proceedings.
What If You Are the One Accused of Defamation?
Businesses and individuals can also find themselves defending a claim arising from a negative review they posted about another entity. In such cases, it’s crucial to:
Avoid deleting or altering evidence.
Seek legal advice immediately.
Consider defences such as truth, honest opinion, or qualified privilege.
Online comments made in frustration can escalate quickly, so measured responses are vital.
How to Reduce Future Risks
Proactive steps can help protect your business from online defamation issues:
Implement a clear online review management policy.
Encourage transparent and respectful communication.
Monitor platforms regularly.
Train staff on communication protocols.
Seek early legal guidance when reviews appear harmful.
By taking a preventative approach, you limit the risk of escalating disputes and strengthen your overall reputation management strategy.
Online reviews are here to stay, and while they provide valuable insight into customer experiences, they can also give rise to serious legal challenges.
By understanding your rights, following a structured Litigation and Dispute Resolution process and seeking timely legal advice, you can protect your reputation and respond confidently to defamatory content.
If you are facing a defamation claim or need guidance on managing harmful online reviews,
Contact New South Lawyers today. Early professional advice can prevent further damage and ensure your rights are fully protected.
