Do you have a defamation claim? Answer seven questions.

Why we ask each question

Each question maps to an element of the cause of action, a threshold rule or a defence. Knowing why it is asked helps you understand what your answer means.

1. 01
   Who was defamed?

   Only the person defamed can sue, and most corporations cannot. Companies with 10 or more employees, companies related to another corporation and public bodies are excluded from bringing defamation claims. Small businesses with fewer than 10 employees and not for profit bodies can sue, though a corporation must show serious financial loss. If a company cannot sue, injurious falsehood or misleading or deceptive conduct may be available instead.

2. 02
   Which state or territory?

   The legislation is largely uniform, but the 2021 reforms, which introduced the serious harm element and the mandatory concerns notice, have not been adopted in Western Australia and applied in the Northern Territory only from 11 August 2025. Courts, procedure, jury availability and costs rules also differ. The law of the place of publication applies, which for online material may not be where you live.

3. 03
   When was it first published?

   Proceedings must generally be commenced within one year of first publication. For online material time runs from when it was first uploaded, not when you found it. The court can extend the period to a maximum of three years where it is just and reasonable, but extensions are not routine. Because the concerns notice process takes at least 28 days, a publication approaching the one year mark needs attention immediately.

4. 04
   Who saw or heard it?

   Publication to at least one person other than you is an element of the claim. A message sent only to you, however offensive, is not defamation. Publication to a small group can be actionable, but the size and identity of the audience bear heavily on serious harm, and some communications to people with a legitimate interest in receiving them attract qualified privilege.

5. 05
   Were you identified?

   The publication must be about you. You do not need to be named. It is enough that people who know you, or who know the surrounding circumstances, would understand it to refer to you. Where identification depends on inference, evidence from those people becomes important.

6. 06
   Is what was published true?

   Substantial truth is a complete defence, and the publisher carries the burden of proving it. A publication that is partly true invites the defence of contextual truth. A publication that is recognisably opinion on a matter of public interest, based on stated or well known facts, invites the defence of honest opinion. Statements of fact that are false are the strongest position for a plaintiff.

7. 07
   What harm has it caused?

   In every jurisdiction other than Western Australia the publication must have caused, or be likely to cause, serious harm to your reputation. Lost work, cancelled contracts, messages from people who saw it and changes in how people treat you are all evidence of harm. Damages for hurt to feelings and reputation do not require proof of financial loss, but something more than distress is needed to clear the serious harm element.

What the checker does not cover

The checker is deliberately short, and there is a great deal it cannot assess. It does not consider the exact words and the imputations they carry, which is the central question in most matters. It does not consider the defences of qualified privilege, public interest, fair report or absolute privilege in any detail, and those defences often decide workplace, regulatory and media matters. It does not consider whether the publisher can be identified or can pay, whether the publication is still accessible, or whether other remedies would serve you better than a defamation claim.

A strong result does not mean you have a claim, and a weak result does not mean you have none. It means that, on seven answers, the position looks one way or the other. The consultation exists to test that against the full facts.

What happens next

If you choose to send your answers with an enquiry, they are added to the enquiry form so that you do not have to repeat them. You can edit them before sending. We check every enquiry for conflicts and, if we can act, email you to confirm a time for the fixed fee initial consultation and to arrange payment before it. Nothing you enter in the checker is stored or transmitted unless you send the enquiry form.