The Queensland Government has made sweeping changes to its defamation laws, claiming to bring the state into the digital age. It will be hard to get the balance right. These reforms may protect online platforms but at what cost to individuals and freedom of expression, asks Attwood Marshall Lawyers’ Commercial Litigation Special Counsel, Jade Carlson.
Following a parliamentary committee inquiry and public briefing in November 2025, the Defamation and Other Legislation Amendment Bill 2025 passed with amendments on 11 December 2025.
At the heart of the reforms is a clearer definition of responsibility for defamatory content published online.
Platforms, page administrators and social media moderators will have a new defence when third-party users post defamatory material. Crucially, they must prove:
- that they acted solely as a digital intermediary for the publication;
- that they maintain a complaints process; and
- that they took reasonable steps to prevent access to the content – such as by removing the material either before a complaint or within seven days of receiving one.
The exemption will only apply if the intermediary can show that their role in the publication was limited to providing a caching, a conduit, or a storage service and they did not take active role in the publication.
In addition, courts will have greater powers to order the removal of defamatory content, even if the platform itself is not a party to the defamation case. This could mean faster takedowns but also raises difficult questions about how broadly and swiftly takedowns should be ordered, which no doubt will be tested soon.
The changes also extend absolute privilege to people who report crimes to the police, including reports of serious misconduct like assault or harassment. In short, survivors making good faith reports would be shielded from defamation claims. That protection could be a powerful tool to encourage reporting, but some legal commentators warn of potential for abuse or overreach.
Laws for the digital age
Queensland has followed other Australian states in modernising its defamation laws, including New South Wales and the ACT, which adopted similar reforms in July 2024.
As part of the legislative process, the Queensland bill was scrutinised by the Justice, Integrity and Community Safety Committee, which heard from stakeholders including the Bar Association of Queensland, the Local Government Association of Queensland, and victims’ advocacy groups.
In November the committee recommended passing the bill, after concluding it aligned with national reforms to create consistent defamation laws across Australia. Parliament enacted the reforms on 11 December 2025, and they took effect within days.
Digital platforms: balancing responsibility and protection
During the consultation period, it appeared one of the most controversial aspects of the reform was its protection for digital intermediaries. Some critics argue that by giving platforms and page admins a legal defence, the law may tilt too far toward big tech allowing them to evade responsibility while users remain vulnerable.
On the other hand, defenders of the bill point out that under current laws, online platforms can be sued for content they did not author.
The reform aims to make clear that mere facilitation of content is not the same as publishing it. If online intermediaries are given a fair way to manage complaints and act in good faith, the law could be more just and less costly for everyone.
The court’s role is expanding
Under the changes, courts in Queensland will have new powers that could fundamentally change how defamation is litigated online. For instance:
- Courts can identify anonymous posters via preliminary discovery to uncover who made harmful posts.
- Courts can order takedowns from platforms even if the platforms are not defendants in the defamation case.
These powers might help people remove harmful content more quickly, but they also raise concerns about due process.
Safeguards are needed to prevent takedowns from being overused, particularly when dealing with public figures or contentious commentary.
Clear, consistent definitions of what constitutes defamatory material will be essential to avoid overreach and protect legitimate debate.
Supporting whistle-blowers while managing risk
Perhaps the most politically and socially charged reform is giving absolute privilege to statements made to police. This means that people reporting crime, especially crime like sexual assault, cannot be sued for defamation for what they say to law enforcement.
Supporters argue this is a major win for victims and survivors. Defamation threats have long been a barrier to reporting. By removing that threat, more people may feel safe coming forward.
But detractors warn of potential misuse. What if false or malicious reports are made, shielded by this privilege? How will the courts guard against such risk?
What this means for you
For many Queenslanders, especially business owners, professionals, community leaders and anyone active online, these reforms are expected to change their rules of engagement.
Your reputation remains one of your most valuable assets, yet the digital world makes it more vulnerable than ever.
If someone makes a false or damaging statement about you, your business or your family online, these changes determine how quickly you can respond, what your options are and whether the platform hosting the content can be held responsible.
Likewise, if you manage a Facebook page, run a community group, or operate any online forum, you may now have new legal obligations to respond to complaints swiftly and appropriately. Failing to do so could expose you to real legal risk.
Attwood Marshall Lawyers – protecting you from defamation
Attwood Marshall Lawyers has a dedicated team of Commercial Litigation lawyers who practice exclusively in this complex area of law. We can assist with all defamation matters to help you protect your personal and professional reputation.
If you are worried about how these changes may impact you, or if you have concerns about online comments or your obligations as a page administrator, now is the time to seek advice.
Contact our Commercial Litigation Department Manager, Georgia Trapp, on direct line 0498 499 122, email gtrapp@attwoodmarshall.com.au or free call 1800 621 071 any time to discuss how these reforms may affect you and what proactive steps you can take to protect yourself.
