Australia’s defamation laws are undergoing rapid change, driven by digital platform reforms, evolving litigation trends, and new approaches to managing reputational risk.
Liability lines redrawn
Stage 2 digital platform reforms clarify intermediary responsibility and reduce risk for passive platforms. Separately, stricter legal thresholds – like the Concerns Notice and serious harm test – are filtering out weaker claims.
New privacy tort reshapes individual protections
Australia’s new privacy tort, in force since 10 June 2025, introduces a statutory cause of action for serious invasions of privacy, adding complexity to the question of what information can be obtained about individuals and what use can be made of it.
Reputation management goes strategic
With legal options less appealing, crisis communications and PR strategies are taking centre stage in protecting reputations.
Insurers, publishers, and individuals now face a more complex defamation landscape. Scroll down to see our key highlights for media and defamation in 2025.
Richard Leder Head of Commercial Litigation +61 3 9604 7940 richard.leder@wottonkearney.com
Georgie Austin Partner +61 3 9116 7871 georgie.austin@wottonkearney.com
3 standout insights for media and defamation
Platform liability: New rules with unresolved risks
Australia’s Stage 2 defamation reforms are redrawing the liability lines for digital platforms. Social media and search engines now benefit from clearer protections if they lack editorial control, a response to Fairfax Media Publications Pty Ltd v Voller [2021]
But inconsistent implementation across jurisdictions and the growing presence of AI-generated content are keeping uncertainty alive for tech providers and publishers alike.
Defamation litigation: Fewer claims and higher stakes
A tougher legal environment and costly, high-profile losses have triggered a sharp drop in defamation cases.
Federal Court filings fell to just 30 in the past year, with similar trends across state courts.
At the same time, major cases like those involving Ben Roberts-Smith and Bruce Lehrmann highlight the risks: even strong financial backing doesn’t guarantee reputational survival or cost recovery.
Reputation management: A shift from litigation to communication
As formal defamation claims become harder to pursue, individuals and organisations are turning to PR and crisis management teams instead.
These professionals now work alongside legal counsel to engage publishers pre-publication, manage media narratives, and reduce the risk of reputational damage, reshaping how reputations are defended in the digital age.
"The fall in formal defamation cases hasn’t made people less protective of their reputations, it’s just changed the playbook."
New Privacy Tort now in force: What it means for Media and Defamation
Australia’s new privacy tort is now in force, marking a major shift in how individuals, publishers and platforms navigate the boundaries between privacy, reputation and public interest. Since 10 June 2025, serious invasions of privacy, including unauthorised surveillance and misuse of private information – have been legally actionable under a new statutory cause of action.
This reform adds new complexity to the media and defamation landscape. With defamation claims declining and platform liability evolving, the privacy tort, where truth is not a defence and publication is not required, introduces fresh legal and reputational risks for media, individuals and insurers alike.
We’ve brought together practical insights and legal guidance to help you respond confidently. Whether reviewing editorial processes, managing risk, or responding to changing community expectations, our team is here to support you.
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