Defamation law in Australia is complex and strictly regulated by the Defamation Act 2005. To successfully sue for a fake Google review in Australia, you must prove that the publication identifies you, has been published to a third party, and is defamatory. Crucially, recent reforms introduced a 'serious harm' threshold (Section 10A). This means plaintiffs must prove the publication has caused, or is likely to cause, serious harm to their reputation. For businesses, this generally requires evidence of financial loss.
Who Can Sue for Defamation?
Not every business can sue. Corporations with 10 or more employees are generally excluded from pursuing defamation action. However, individual directors, managers, or employees who are personally identified and defamed within a review can still sue in their own capacity. Small businesses with fewer than 10 employees retain the right to sue as an entity. If you are unsure about your standing, our defamation lawyers can assess your eligibility during an initial consultation.
The Challenge of Anonymous Reviews
Anonymity is the most common shield for malicious reviewers. However, the Federal Court has recently made it easier to unmask these individuals. We can apply for preliminary discovery orders to be served on Google's international offices via registered post. This significantly shortens the timeline for identifying the person behind the screen. Once we have their details, we can proceed with a formal concerns notice.
Damages and Costs
Compensation in defamation cases varies widely. Damages can range from $30,000 to over $390,000 depending on the severity of the allegation and the reach of the publication. In addition to general damages for reputational harm, you may claim 'special damages' if you can prove specific business losses. Aggravated damages may also apply if the reviewer's conduct was malicious or if they refused to apologise. We provide clear advice on the potential costs versus the likely recovery to ensure proceeding is commercially viable for you.
Digital Intermediaries and Google's Liability
Recent reforms in NSW and the ACT have introduced new defences for digital intermediaries like Google, provided they offer a simplified complaints mechanism. While this area of law is evolving, the primary target for litigation remains the author of the review. Our team stays updated on these legislative changes to provide accurate reputation management legal advice.
Time is critical. In Australia, you generally have only 12 months from the date of publication to commence defamation proceedings. Delaying action can bar you from seeking justice. If you need urgent concerns notice help or advice on how to remove a defamatory review, contact us immediately.
