Business Defamation Lawyers — Small Business Claims Since 2021 — All States

Business Defamation Lawyers — False Reviews. Competitor Attacks. Small Business Rights Since 2021.

Q: Can a company with more than 10 employees bring a defamation claim in Australia?

No — under the Model Defamation Provisions (as amended in 2021), only natural persons and corporations with fewer than 10 employees (that are not public bodies) can bring defamation claims in Australia. A company with 10 or more employees does not have standing to sue in defamation. However, a large corporation may have alternative claims — including under the Australian Consumer Law for misleading and deceptive conduct (s 18 ACL) or injurious falsehood at common law — which do not have the same standing restriction. A defamation lawyer advises on the full range of remedies available to a business that has been the subject of false and damaging statements.

Q: What is the difference between defamation and injurious falsehood for a business?

Defamation protects the reputation of a person (or qualifying small business) — it focuses on imputations that lower the claimant's reputation in the eyes of reasonable people. Injurious falsehood (also called 'slander of goods' or 'trade libel') protects the economic interests of a business from false statements about its goods or services that cause financial loss — without requiring proof of reputational harm. Injurious falsehood requires proof that the statement was false, that it was made maliciously (with an improper motive), and that actual financial damage resulted. Unlike defamation, injurious falsehood can be brought by any business — regardless of size. However, it is more difficult to establish because it requires proof of malice and actual financial damage.

Q: What evidence do I need to prove 'serious financial loss' for a small business defamation claim?

To establish serious financial loss for a small business defamation claim, the business must produce evidence linking the defamatory publication to actual or likely financial harm. This may include: (1) evidence of the publication's reach and audience — the number of times the defamatory content was viewed, shared, or discussed; (2) before-and-after financial data — revenue, customer numbers, and contract values before and after the publication; (3) direct evidence of customer or contract loss — emails from customers cancelling orders or contracts citing the defamatory content; (4) evidence of credit or supplier relationship damage — banks or suppliers changing terms or withdrawing facilities after the publication; and (5) a counterfactual analysis — expert evidence showing that the financial decline was caused by the publication rather than other factors.

Since the 2021 defamation law reforms, small businesses with fewer than 10 employees can bring defamation claims — a right previously available only to individuals. Business defamation includes false reviews, competitor misinformation, malicious statements about business practices, and damaging social media attacks. A defamation lawyer advises small businesses on whether the serious financial loss threshold is met and the most effective strategy for protecting their business reputation.

Free consultation Small business rights since 2021 False review removal All states

Request a free business defamation consultation.

Share a few details so your request can be reviewed before anyone contacts you.

Legal issue

First name Last name

Phone Email

Postcode State

What do you need help with? I agree to be contacted about this request. I understand this form does not create a lawyer-client relationship.

Your details are used to understand the request and arrange follow-up.

⚠ For a corporation with fewer than 10 employees to bring a defamation claim, "serious harm" means serious financial loss — evidence of customer loss, contract cancellations, or revenue decline caused by the defamatory publication is critical. Get business defamation advice now.

Business Defamation Law

Small business defamation rights — the 2021 reforms

Before the 2021 Model Defamation Amendment Provisions, only natural persons (individuals) could bring defamation claims in Australia — corporations, companies, and businesses had no right to sue in defamation (unless the corporation qualified as a "public benevolent institution" or a corporation with fewer than 10 employees under the pre-2006 law). The 2021 reforms restored the right of small businesses to bring defamation claims — but with an important modification to the serious harm threshold.

Under the 2021 reforms, a corporation with fewer than 10 employees (and that is not a public body) can bring a defamation claim — but the "serious harm" required for a corporation to succeed is serious financial loss, not merely serious harm to reputation. This means that a small business must demonstrate that the defamatory publication has caused, or is likely to cause, serious financial loss — for example, significant customer cancellations, revenue decline, lost contracts, or damage to credit relationships caused by the defamatory publication.

Business defamation often overlaps with other claims under the Australian Consumer Law — a competitor who makes false and misleading statements about your business may also breach s 18 ACL (misleading and deceptive conduct) and s 29(1)(b) ACL (false representation about the services of a competitor). A consumer law lawyer and a defamation lawyer working together can maximise the remedies available to a small business that is the subject of a competitor's false statements.

The most common sources of business defamation are: (1) false online reviews — posted by disgruntled customers, competitors, or former employees; (2) competitor statements — false claims about product quality, compliance, safety, or business practices made by a competitor in marketing materials, online, or in the trade; (3) social media attacks — coordinated campaigns of negative posts by individuals or groups motivated by personal grievances; and (4) media reports — news articles or broadcast reports that contain false or misleading statements about the business.

Business Defamation Matters

Business defamation matters we handle

False online reviews

Pursuing removal of false Google, TripAdvisor, or ProductReview.com.au reviews — through platform takedown notices, concerns notices to the reviewer, and defamation proceedings against identified reviewers.

Competitor false statements

Combined defamation and ACL misleading conduct claims against competitors who make false statements about your business products, services, or practices — including comparative advertising that is false or misleading.

Former employee attacks

Pursuing former employees who post defamatory content about the business on social media, Glassdoor, or other platforms — including breach of confidentiality obligations and defamation claims.

Serious financial loss evidence

Gathering and quantifying evidence of serious financial loss caused by the defamatory publication — customer cancellations, revenue decline, lost contracts, and damage to credit or supplier relationships.

Media defamation of business

Responding to false or misleading statements about a business in news articles, broadcast reports, or online publications by media organisations — including concerns notices, offers to make amends, and defamation proceedings.

Reputation management strategy

Developing a comprehensive reputation management strategy — combining defamation law, ACL claims, and public communications to restore the business's reputation and prevent future damaging publications.

Frequently Asked Questions

Business defamation questions answered

Can a company with more than 10 employees bring a defamation claim?

No — only natural persons and corporations with fewer than 10 employees (not public bodies) have standing to sue in defamation under the Model Defamation Provisions. A larger company may have alternative claims — including ACL misleading conduct (s 18 ACL) or injurious falsehood at common law — which do not have the same standing restriction.

What is the difference between defamation and injurious falsehood for a business?

Defamation protects reputation — focuses on imputations that lower the claimant's reputation. Injurious falsehood (trade libel) protects economic interests — requires proof that the statement was false, made maliciously, and caused actual financial damage. Injurious falsehood can be brought by any business (no size restriction) but is harder to establish because it requires proof of malice and actual financial damage.

What evidence do I need to prove 'serious financial loss' for a small business defamation claim?

Evidence may include: the publication's reach (views, shares); before-and-after financial data (revenue, customers, contracts); direct evidence of customer or contract loss citing the defamatory content; credit or supplier relationship damage; and expert counterfactual analysis showing the financial decline was caused by the publication rather than other factors.