How to pursue a Sydney defamation claim against newspapers, TV stations, and online publishers
When a media outlet publishes false information that damages your reputation, you may have grounds for a Sydney defamation claim. Whether it’s a television broadcast, newspaper article, or online story, defamation law in New South Wales provides pathways for individuals to seek compensation and corrections when their reputation has been harmed by inaccurate or misleading reporting.
This guide explains how defamation law works in NSW, the process for suing media organisations, and what you need to know before taking legal action against powerful publishers.
Read our successful Defamation Case Studies.
What Is Defamation Under NSW Law?
Defamation occurs when someone publishes material that:
- Identifies you (directly or indirectly),
- Contains a defamatory imputation: meaning it lowers your reputation in the eyes of ordinary, reasonable people,
- And causes, or is likely to cause, serious harm to your reputation.
In NSW, defamation claims are governed by the Defamation Act 2005, which was substantially reformed in 2021 to modernise the law and address the rise of online publication. The reforms introduced a “serious harm” threshold, meaning trivial or minor harm to reputation is no longer sufficient to bring a claim.
Types of Media That Can Defame You
Defamation claims can arise from any form of publication, including:
- Television and radio broadcasts
- Newspaper and magazine articles
- Online news websites and blogs
- Social media posts by media organisations
- Podcasts and streaming content
- Photographs, videos, or graphics with misleading context
If a media outlet publishes false information that seriously harms your reputation, you may have grounds for a defamation claim, regardless of whether the publication was intentional or accidental.
The Legal Test: What Must You Prove?
To succeed in a Sydney defamation claim against a media outlet, you must establish three elements:
1. The Material Was Published
“Publication” means the material was communicated to at least one person other than yourself. For media organisations, this is almost always satisfied, broadcasts, articles, and online content are published to thousands or millions of people.
2. The Material Identifies You
You must be identifiable from the publication, either by name, photograph, description, or context. Even if you’re not directly named, you can still bring a claim if ordinary readers or viewers would reasonably understand the material refers to you.
3. The Material Is Defamatory and Causes Serious Harm
The publication must convey a defamatory meaning (known as an “imputation”) that lowers your reputation in the eyes of reasonable members of the community. Under the 2021 reforms, you must also prove the publication has caused, or is likely to cause, serious harm to your reputation.
Serious harm can include:
- Damage to your professional reputation or career prospects
- Loss of business or employment opportunities
- Personal humiliation and distress
- Damage to relationships or standing in your community
The Australian Law Reform Commission has noted that the serious harm test aims to filter out trivial claims while protecting genuine cases of reputational damage.
Defences Media Outlets May Rely On
Media organisations have access to several legal defences in defamation cases. Understanding these defences is crucial when assessing the strength of your claim.
Truth (Justification)
If the media outlet can prove that the defamatory imputations are substantially true, they have a complete defence. This is often the most straightforward defence but requires the publisher to prove truth on the balance of probabilities.
Honest Opinion
The publisher may argue the material was an expression of honest opinion rather than a statement of fact. To succeed, they must show:
- The material was an opinion, not a factual assertion
- The opinion related to a matter of public interest
- The opinion was based on proper material (such as disclosed facts)
Qualified Privilege
This defence applies when the publication was made in circumstances where the publisher had a legal, social, or moral duty to publish the material, and the recipient had a corresponding interest in receiving it. This commonly applies to:
- Parliamentary proceedings and official reports
- Court proceedings and tribunal decisions
- Government and public authority statements
Public Interest Defence
Introduced in the 2021 reforms, this defence protects publishers who can show the material concerned an issue of public interest and they reasonably believed publishing it was in the public interest. The publisher must also show they acted responsibly in publishing the material.
However, this defence is difficult for media outlets to establish if they failed to contact you for comment, verify their sources, or correct obvious inaccuracies.
Innocent Dissemination
Subordinate distributors (such as newsagents or internet service providers) may have a defence if they were unaware of the defamatory content and had no reason to know about it.
The Concerns Notice Process: Your First Step
Before you can commence defamation proceedings in NSW, you must first serve a Concerns Notice on the publisher. This is a mandatory pre-litigation step under Section 12A of the Defamation Act 2005.
What Is a Concerns Notice?
A Concerns Notice is a formal document that:
- Identifies the defamatory content and where it was published
- Explains how the material identifies you
- Specifies the defamatory imputations conveyed
- Outlines the serious harm caused to your reputation
The notice gives the media outlet an opportunity to make amends before court proceedings begin. This might include:
- Publishing a correction or retraction
- Issuing a formal apology
- Removing the content from online platforms
- Offering compensation to settle the matter privately
What Happens After You Send a Concerns Notice?
The publisher has 28 days to respond with an Offer to Make Amends. If they do so, and you accept the offer, the matter can be resolved without going to court. If the publisher fails to respond or you reject their offer, you can then commence proceedings in the NSW courts.
Importantly, time limits apply. You generally have one year from the date of publication to commence defamation proceedings in NSW, though this can be extended in limited circumstances.
Commencing Court Proceedings: The Litigation Process
If your concerns notice doesn’t resolve the matter, the next step is to file a Statement of Claim in either:
- The District Court of NSW (for most defamation claims), or
- The Supreme Court of NSW (for more complex or high-value cases).
Pre-Trial Steps
Defamation cases involve several procedural stages, including:
- Pleadings — You file a Statement of Claim setting out your case; the defendant files a Defence outlining their position and any defences.
- Discovery — Both parties exchange relevant documents and evidence.
- Mediation — The court will usually order the parties to attend mediation to attempt settlement.
- Trial preparation — If the matter doesn’t settle, both sides prepare witness statements, expert evidence, and legal arguments.
Trial
At trial, the court will determine:
- Whether the material is capable of conveying the alleged defamatory imputations
- Whether those imputations are in fact defamatory
- Whether serious harm has been caused
- Whether the defendant has proven any defences
The judge (or in some cases, a jury) will decide the outcome and assess damages if you succeed.
Recent Case Example: Wrongful Arrest Broadcast Leads to Defamation Settlement
Barry’s case against Nine Network Australia Pty Ltd provides a clear example of how defamation claims against major media outlets can succeed, even without going to trial.
Barry, a Sydney local, was wrongfully arrested by NSW Police outside a bar during a night of civil unrest linked to an anti-immigration protest. Despite having no involvement in the protest and never being charged with any offence, Nine News broadcast footage of his arrest twice on the Today Show the following morning, using it as part of their coverage of protest-related arrests.
The broadcast falsely implied Barry was involved in the anti-immigration demonstration, causing serious harm to his reputation and emotional distress. O’Brien Criminal and Civil Solicitors acted swiftly, serving Nine Network with a Concerns Notice outlining the defamatory nature of the broadcast and the harm caused.
The matter was resolved through a confidential settlement before any court proceedings were filed, a testament to the power of the concerns notice process when properly handled. Barry avoided the stress and cost of lengthy litigation while securing a favourable outcome.
This case highlights several important lessons:
- Media outlets are not immune from defamation claims, even when covering matters of public interest
- Context matters, broadcasting someone’s arrest in connection with unrelated events can be defamatory
- The concerns notice process can lead to swift resolution without court action
- Acting quickly with experienced legal representation is crucial
Read the full case study here.
Time Limits for Defamation Claims
Under Section 14B of the Limitation Act 1969, you have one year from the date of publication to commence defamation proceedings in NSW. This is a strict time limit, and failing to act within this period will usually bar your claim.
However, the court has discretion to extend this limitation period if you can show it’s just and reasonable to do so, considering factors such as:
- The length of the delay
- The reasons for the delay
- Whether the defendant would be prejudiced by the extension
Given these tight timeframes, it’s essential to seek legal advice as soon as possible after a defamatory publication.
Potential Outcomes and Damages
If your Sydney defamation claim succeeds, the court can order several remedies:
Damages
You may be awarded compensation for:
- General damages — for the harm to your reputation, distress, and hurt feelings (capped at $443,000 for non-economic loss as of 2024)
- Special damages — for proven financial losses, such as lost business or employment opportunities
- Aggravated damages — if the defendant’s conduct was particularly malicious or high-handed
Non-Monetary Remedies
The court can also order:
- Publication of corrections or apologies in the same medium as the original defamation
- Injunctions preventing further publication of the defamatory material
- Removal of online content from websites and social media
Costs
In most cases, the unsuccessful party pays the legal costs of the winner. However, defamation litigation can be expensive, with cases often costing tens or hundreds of thousands of dollars. This is why many matters settle before trial.
Why You Need an Experienced Defamation Lawyer
Suing a media outlet for defamation is complex. Major publishers have significant legal resources and will vigorously defend claims. Without experienced legal representation, you risk:
- Missing critical time limits
- Failing to properly identify defamatory imputations
- Accepting inadequate offers to make amends
- Facing substantial legal costs if your case is weak
At O’Brien Criminal and Civil Solicitors, our civil law team has successfully represented clients in defamation claims against major media organisations, including national broadcasters. We understand how to:
- Draft compelling concerns notices that achieve results
- Negotiate favourable settlements without court action
- Navigate complex court procedures when litigation is necessary
- Maximise compensation while minimising legal costs
We work on a no win, no fee basis for many of our defamation matters, meaning you don’t pay legal fees unless we succeed.
Have You Been Defamed by a Media Outlet?
If a newspaper, TV station, or online publisher has published false information that has seriously harmed your reputation, you may be entitled to compensation. Time limits apply, so it’s crucial to act quickly.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281 for a consultation about your Sydney defamation claim. Our experienced defamation lawyers can assess your case and advise on the best path forward.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Defamation law is complex and fact-specific. You should seek advice from a qualified solicitor about your individual circumstances.
