Social Media and Defamation: What Influencers Needs to Know
In today’s digital landscape, influencers hold immense power to shape public opinion, promote brands, and connect with audiences across platforms like Instagram, TikTok, YouTube, and X (formerly Twitter). However, this influence comes with responsibility — and potential legal risk. One of the most pressing legal concerns facing influencers in Australia is defamation.
Defamation law exists to protect a person’s reputation from false or damaging statements. With social media amplifying reach and visibility, a single post, comment, or story can quickly go viral — and, if defamatory, lead to costly legal consequences.
Understanding Defamation in Australia
Defamation occurs when someone publishes material that harms another person’s reputation. Under Australian law, this applies to both written and spoken content, including social media posts, videos, captions, and comments.
The Defamation Act 2005 (amended in 2021) governs these laws across all states and territories. To establish defamation, three key elements must be proven:
The material was published to a third party.
The material identifies the person.
The material damages their reputation.
Unlike other jurisdictions, Australia’s defamation laws are notably strict. Even if the influencer did not intend to harm someone’s reputation, liability may still arise if their content was careless or misleading.
Why Influencers Should Be Concerned
Influencers are constantly creating and sharing opinions, reviews, and commentary — often about brands, other creators, or public figures. In doing so, they risk crossing the line between fair opinion and defamatory statement.
Consider these common examples:
A negative product review that includes false claims about a brand.
Public allegations against another influencer without evidence.
Sharing or reposting defamatory material, even without creating it.
Courts in Australia have already seen defamation cases involving social media users. The High Court case of Voller v Fairfax Media (2021) confirmed that page owners — including influencers — can be held liable for defamatory comments made by others on their posts. This ruling highlights the importance of moderating audience interactions.
The Role of “Serious Harm”
The 2021 reforms to the Defamation Act introduced the “serious harm” test, meaning plaintiffs must prove the publication caused, or is likely to cause, serious harm to their reputation.
For influencers, this change provides some balance — protecting freedom of expression while discouraging trivial claims. However, even with this safeguard, the threshold for “serious harm” can still be met easily when posts reach large audiences.
Common Defences to Defamation
If accused of defamation, influencers may rely on several legal defences, including:
Truth (Justification): The statement was substantially true.
Honest Opinion: The comment was clearly an opinion, not a fact, based on proper material.
Public Interest: The publication concerned a matter of public interest, and the influencer reasonably believed publishing it was justified.
Nevertheless, these defences require evidence. For example, if an influencer claims a product “is a scam,” they must be able to substantiate that claim with proof. Without evidence, they risk significant legal and financial consequences.
How to Stay Protected Online
To reduce the risk of defamation claims, influencers should adopt best practices when creating and sharing content:
Verify facts before posting. Avoid spreading rumours or unverified claims.
Separate opinion from fact. Use language that clearly signals when you’re expressing a personal view.
Moderate comments. Delete defamatory remarks made by followers.
Avoid reposting harmful content — even with disclaimers.
Seek legal advice before posting content that could be contentious.
Influencers should also maintain clear social media guidelines, especially if they collaborate with teams or agencies managing their accounts.
The Real Cost of Getting It Wrong
Defamation lawsuits can be financially devastating. Damages in Australia can exceed hundreds of thousands of dollars, not to mention the legal costs, reputational harm, and loss of sponsorship deals.
For example, publicised cases involving celebrities and online personalities have shown how quickly reputations — and careers — can unravel due to a single careless post. In the fast-paced world of social media, legal awareness is as crucial as creativity.
Balancing Free Speech and Responsibility
Australia’s defamation laws aim to balance free speech with protecting reputations. Influencers, as modern public communicators, must navigate this balance carefully. Freedom of expression doesn’t equate to freedom from consequences.
By understanding the law and implementing preventative measures, influencers can continue engaging audiences confidently — without risking their reputations or livelihoods.
Social media has given rise to powerful voices — but with great reach comes great responsibility. Australian influencers must recognise that their online words carry legal weight.
If you’re uncertain whether a post or comment could expose you to legal risk, it’s best to seek professional guidance. Protect your brand, protect your name, and stay informed.
If you’re an influencer or public figure facing online defamation risks,
Contact New South Lawyers today. Staying informed helps you maintain your reputation while thriving online.
