In today’s digital world, reputations can be built – or destroyed – at the click of a button. Whether you’re an individual professional, a small business owner, or a company director, your reputation is one of your most valuable assets. Defamation and defamatory social media posts, false Google reviews, or misleading claims by competitors can have immediate and lasting financial consequences. In Queensland, there are legal avenues available to protect against reputational harm. Understanding the law in this area is essential to take swift and effective action if you are targeted.
This article explains three key legal protections: defamation, injurious falsehood, and misleading or deceptive conduct – and how each applies in the real world, especially online.
Defamation in Queensland
Defamation occurs when someone publishes a false statement about you that harms your reputation. In Queensland, this is governed by the Defamation Act 2005 (Qld). To succeed in a defamation claim, you must prove:
- A defamatory statement was made.
- The statement referred to you.
- It was published to at least one other person.
This is particularly important because reputational damage can occur rapidly online. A single Facebook post or Google review can go viral and be shared widely before any correction is made.
Notably, businesses with ten or more employees are generally not eligible to bring defamation proceedings, unless they are not-for-profits. However, individual employees or directors may still pursue claims in their personal capacity.
Why this matters: Many people mistakenly believe they can say what they like online. However, posting an unfounded accusation or disparaging comment can have serious legal consequences, not only for the poster but also for the platforms that allow defamatory material to remain online.
Injurious Falsehood
Injurious falsehood is a separate legal action from defamation. It applies when someone makes false and malicious statements about your business or products which result in financial loss.
To establish injurious falsehood, you must prove:
- A false statement was made about your goods or business.
- The statement was published to someone else.
- It was made with malice.
- You suffered actual economic loss as a result.
While harder to prove than defamation due to the requirement of malice and financial harm, this cause of action is particularly useful for businesses that cannot sue for defamation due to their size.
Why this matters: In a competitive marketplace, one false review or rumour can drive customers away or damage supplier relationships. If you suffer quantifiable financial loss from such behaviour, the law gives you a path to seek compensation or to prevent further defamatory statements.
Misleading or Deceptive Conduct
Section 18 of the Australian Consumer Law (ACL) prohibits conduct in trade or commerce that is misleading or deceptive, or likely to mislead or deceive.
This law is broad and captures more than just outright lies. Businesses can breach this section by:
- omitting key facts;
- exaggerating capabilities; or
- presenting false impressions through marketing, social media, or websites.
For example, if a competitor falsely claims to be “the only certified provider in Queensland” or implies a non-existent affiliation with your business, this may amount to misleading conduct under the ACL.
Why this matters: Unlike defamation, there is no need to prove reputational harm – only that the conduct was misleading and occurred in the course of trade or commerce. This is an especially powerful tool for businesses dealing with deceptive competitors.
The Role of Social Media and Online Reviews
Social media platforms and review sites like Google Reviews have amplified the risks associated with reputational harm. A single false review can influence potential customers and affect business revenue.
Queensland courts have recognised the seriousness of online defamation. Social media posts, public comments, and online reviews are all treated as “publications” under defamation law. If someone accuses you of criminal conduct, unethical behaviour, or professional incompetence online without basis, you may have a right to legal remedy. If someone makes false statements about your business online and this causes loss, you may have a right to legal remedy.
There is also growing legal attention on the role of platform providers (like Google or Meta) in facilitating defamatory or misleading content. Even AI-generated summaries or comment threads may become legally actionable, especially where they perpetuate falsehoods.
Finally, social media “group” or “page” moderators may find themselves the subject of legal action for the defamatory or damaging comments of the statements made by others on their page or group. As the person with authority over the page (and comments on it), that moderator may find legal action directed toward them. Seriously considering this liability is important when operating a page or group.
Why this matters: Once something is published online, it can remain indefinitely – even after deletion, it may have been shared or cached elsewhere. Early legal intervention is often critical to stopping the spread and mitigating harm.
Can You Remove Negative Google Reviews?
Negative Google reviews can seriously damage a business’s reputation, especially when they are false, misleading, or malicious. Understandably, many business owners want to know whether such reviews can be removed.
The Short Answer: Sometimes, Yes.
Google has review policies that prohibit content that is fake, defamatory, offensive, irrelevant, or otherwise violates its content guidelines. If a review breaches these policies, you may be able to have it removed by reporting it directly to Google through your Google Business Profile.
Grounds for Removal Include:
- False or misleading statements
- Spam or fake accounts
- Offensive, threatening or abusive language
- Conflict of interest (e.g. reviews from competitors)
- Reviews unrelated to an actual customer experience
However, Google will generally not remove a review simply because it is negative or critical—there must be a policy breach.
Why This Matters: One unfair review can deter dozens of potential customers. Addressing reputational harm quickly and appropriately is essential for protecting your brand, especially in competitive markets.
What You Should Do:
- Document the review with screenshots and date stamps.
- Respond professionally, especially if the review is from a real customer.
- Report the review to Google via your business profile dashboard.
- Seek legal advice if the review contains false statements or appears malicious.
What You Should Do If You’re Affected
If you or your business have been targeted by defamatory statements, malicious falsehoods, or misleading representations, the following steps can help protect your interests:
- Preserve Evidence: Take clear screenshots, save URLs, and record the date and time of the offending material.
- Seek Legal Advice Promptly: Timing is critical. Some actions, like defamation, have strict limitation periods.
- Consider a Concerns Notice: For defamation matters, issuing a formal Concerns Notice is a required first step before commencing proceedings. This should be prepared by a lawyer.
- Explore Removal Options: Depending on the content and platform, it may be possible to request takedowns or obtain court orders for removal.
- Litigate If Necessary: Where appropriate, legal proceedings can be commenced in the relevant court or tribunal to obtain damages and injunctions.
Contact Us
If your reputation or business has suffered due to false, malicious, or misleading statements, we can help. At Swanwick Murray Roche, we provide strategic, results-focused advice on all aspects of reputational law, including defamation, injurious falsehood, and misleading conduct claims.
We understand the urgent nature of these matters – especially when they involve online content – and we act swiftly to protect your legal rights.
Strict time limits apply to each of the above legal remedies. You should act promptly to protect your rights.
Contact our team today to arrange a confidential consultation and discuss your options.
Disclaimer
This article is for general information only and does not constitute legal advice. It is based on Queensland law as at the date of publication. If you are affected by any of the issues discussed, you should seek specific legal advice from a qualified professional tailored to your circumstances.
