Specialist Social Media Defamation Lawyers in Sydney & Nationwide
A Post, Comment or Review Can Destroy a Reputation Overnight.
Trusted & Recommended by Clients. LED by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
We Act Fast
Social media content spreads in real time. Urgent applications for takedown orders, interlocutory injunctions, and platform notices require lawyers who understand the speed of the problem. We move quickly when speed is what your situation demands, advising on the fastest available path to limiting further harm.
Specialist Defamation Experience
Our defamation practice is led by Stewart O'Connell. We have acted in social media defamation matters across major platforms, from anonymous accounts on X (Twitter) to viral content on TikTok. Social media defamation has its own procedural and evidentiary challenges, we know how to navigate them.
Serious Harm Assessment
Since the 2021 reforms, and later amendments in 2024, a defamation claim in NSW generally requires proof that the publication caused, or is likely to cause, serious harm to your reputation. This threshold matters: not every hurtful post crosses it, and we will give you an honest assessment of whether yours does before advising you to proceed.
Flexible Payment Options
We offer flexible payment arrangements to ensure cost is not a barrier to accessing expert legal representation. Contact us to discuss your options during your free initial consultation.
TYPES OF SOCIAL MEDIA DEFAMATION WE HANDLE
Facebook Defamation
Posts, comments, and shares on personal profiles, business pages, and community groups can reach large, targeted audiences quickly. Facebook content is often directed at local businesses, tradespersons, or individuals within a specific community, making the reputational damage immediate and measurable. We advise on platform reporting, urgent content removal, and formal legal action where the publication meets the serious harm threshold.
Instagram Defamation
Stories, Reels, and caption posts on Instagram can be used to target individuals, particularly in business, creative, and professional contexts. Content that disappears after 24 hours is not beyond the reach of defamation law — screenshots and metadata can preserve the evidence.
TikTok Defamation
Video content on TikTok can go viral before any formal complaint is lodged. A short video making false statements about a person or business can accumulate hundreds of thousands of views within days. We advise on evidence preservation, urgent platform notices, and the legal avenues available when TikTok content causes serious reputational harm.
X (Formely Twitter) Defamation
Posts and threads on X (Twitter), including quote-posts and replies, are frequently used to make false factual statements about public figures, professionals, and businesses. The public and searchable nature of X content means defamatory material can appear prominently in Google search results for a person’s name. We act in matters involving individual users and, where appropriate, the platform itself under the digital intermediary reforms.
Anonymous Accounts and Fake Profiles
Many social media defamation matters involve anonymous or pseudonymous accounts. Identifying the person behind an anonymous account requires legal mechanisms including court orders compelling platforms to disclose subscriber information. We have experience obtaining preliminary discovery orders in this context.
Our Defamation Team - Led By Stewart O'Connell
Led by One of Sydney’s Most Experienced Defamation Solicitors
Our defamation practice is led by Stewart O’Connell. Stewart has experience in defamation matters involving individuals and organisations across online and offline publications. He has represented hundreds of people in defamation claims, and was responsible for the highest defamation award in the Northern Territory. He also led a High Court case that changed defamation law by making media companies responsible for comments others made on their social media accounts.
Stewart has represented clients in defamation matters against well-known media and press organisations, including The Sydney Morning Herald, The Daily Telegraph, The Daily Mail, 7News, and The Financial Review, plus many more.
No matter the platform or the scale of the harm, we bring the same standard of preparation and advocacy to every matter.
O’Brien Criminal & Civil Solicitors is led by Law Society Accredited Specialists in Criminal and Civil Law, practitioners assessed and verified for expertise in their fields.
The Defamation Claim Process
1. Free Initial Consultation
Contact our team for a free, confidential consultation. We will listen to what happened, explain whether you may have a claim, outline your legal options, and answer any questions you have about the process ahead.
2. Evidence Preservation and Investigation
Before content disappears, we move to preserve it. We capture screenshots, metadata, engagement data, and any other evidence that supports your claim. If the publisher is anonymous, we advise on the steps to identify them through the courts.
3. Concerns Notice and Pre-Litigation
We draft and serve a formal concerns notice on the publisher, setting out the defamatory imputations, the harm caused, and the remedy sought. Many matters resolve at this stage, through an apology, retraction, or negotiated settlement, without the need for proceedings.
4. Litigation or Resolution
If the matter does not resolve at the concerns notice stage, we advise on whether to proceed to court. We manage all aspects of the litigation, keep you informed throughout, and pursue the best available outcome for your reputation and your circumstances.
Remember: Defamation claims are legally complex and time-sensitive. Seeking expert advice as soon as possible gives you the best chance of securing justice and protecting your reputation.
WHAT TO DO IF YOU'VE BEEN DEFAMED ON SOCIAL MEDIA
Eight Steps to Take After Being Defamed On Social Media:
- Do Not Respond Publicly
- Responding to defamatory content on the same platform, even to correct the record, can escalate the reach of the original post and complicate your legal position. Do not engage publicly until you have spoken to a lawyer.
- Screenshot and Preserve Everything
- Capture screenshots of the defamatory content, including the URL, the date and time, any comments, shares, and engagement metrics (likes, views). If the content is in a video, record the screen. Evidence can disappear quickly, preserve it before anything is removed.
- Record the Impact
- Keep a record of any direct consequences you experience: lost clients or contracts, messages from colleagues or clients about the content, professional opportunities that did not proceed. This evidence is directly relevant to the serious harm threshold.
- Do Not Delete Evidence or Take Steps That May Destroy Proof of the Publication
- Report the content and preserve evidence before taking further steps. Platform reporting may not be enough on its own, and it does not create the legal record you need. Legal notices directed at platforms are separate and more effective processes.
- Avoid Discussing the Matter Publicly
- Do not post about the situation on your own social media. Do not discuss it with mutual contacts who might pass information back to the publisher. Limit discussion to your lawyer.
- Contact a Defamation Lawyer as Soon as Possible
- Defamation claims in NSW are generally subject to a one-year limitation period from publication. Extensions are available in limited circumstances, but the sooner you act, the stronger your position.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
Social Media Defamation: Frequently Asked Questions
Yes. There is no exemption from defamation law for content published on social media. A post, comment, share, video, or review that conveys defamatory imputations, communicated to a third party, that causes serious harm to a person's reputation can give rise to a defamation claim in NSW. The Defamation Act 2005 (NSW) applies to online publication in the same way it applies to print or broadcast media.
Since the 2021 reforms to the Defamation Act 2005, a plaintiff in NSW must generally prove that the publication caused, or is likely to cause, serious harm to their reputation. For corporations trading for profit, a different threshold applies. This requirement was introduced to prevent claims over minor publications that do not cause meaningful damage. Whether a particular social media post meets the serious harm threshold depends on the nature of the imputations, the reach of the publication, and the plaintiff's circumstances. Our lawyers assess this at the outset of every matter.
Yes, in many cases. Identifying an anonymous publisher typically requires a preliminary discovery order, which compels the social media platform to disclose the subscriber information linked to the account. Courts can order disclosure of identifying information in some cases. Once the publisher is identified, the claim can proceed in the normal way. The process takes time, which is another reason to act early.
In some circumstances, platform operators may be treated as publishers. The High Court in Fairfax Media Publications v Voller held that operators of public Facebook pages can be publishers of third-party comments in some circumstances. The 2024 reforms introduced new rules for digital intermediaries, including complaint and takedown processes. Whether a platform is liable in your matter depends on the specific facts. We advise on this as part of our initial assessment.
Defamation claims in NSW are generally subject to a one-year limitation period from publication under the Limitation Act 1969 (NSW).
Courts have a discretion to extend the limitation period in certain circumstances, but extensions are not routine. If you are aware of defamatory content that is more than a year old, contact us as soon as possible, there may still be options available, but they narrow with time.
In most defamation claims, a concerns notice should be served before proceedings are started. A concerns notice should identify the publication, the imputations complained of, and the relief sought. The publisher may have an opportunity to make an offer of amends. A defective or missing concerns notice can delay or complicate proceedings. Our lawyers draft concerns notices that are legally precise and strategically calibrated.
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