Defamation & Privacy: Core Principles and Privacy Tort Flashcards

A comprehensive set of vocabulary-style flashcards covering defamation basics (publication, identification, defamatory meaning, serious harm, defenses, remedies, and statutes) and the emerging statutory privacy tort (elements, key cases, and recent reforms).

Publication (Defamation)

Material communicated to at least one third party.

Identification (Defamation)

Plaintiff named or identifiable by context (including implied identification; can be a small group).

Defamatory Imputation / Defamatory Meaning

An ordinary reasonable reader/viewer would think less of the plaintiff from the material, considering the whole context.

Serious Harm (Defamation, 2021 threshold)

Actual or likely serious harm to reputation; prevents trivial or vexatious claims; aligns with UK Defamation Act 2013.

Truth (Justification) Defence

Imputations are substantially true.

Honest Opinion Defence

A statement of opinion honestly held on a matter of public interest, presented as opinion not fact.

Qualified Privilege Defence

Limited protection where the publisher has a duty/interest to communicate and acts reasonably.

Public Interest Defence (2021)

Protects reporting on matters of public importance, when in the public interest.

New Public Interest Defence (2021)

If publication was in the public interest and responsibly made.

Statutory Defences (Defamation)

Defences provided under statutory schemes (e.g., ACT legislation).

Remedies: Damages

Monetary compensation; may include aggravated damages depending on conduct.

Remedies: Injunctions

Court order to stop ongoing or future publication.

Remedies: Apology/Correction

Formal apology or correction to mitigate damages.

Civil Law (Wrongs) Act 2002 (ACT)

ACT statute defining defamation as publication diminishing a person’s reputation.

Reputation (Defamation)

What others think of a person; an objective standard independent of the plaintiff’s view.

Material (Defamation Publication)

Words, images, video, or online posts constituting the defamatory material.

Peros v Nationwide News Pty Ltd & Ors (No 2) [2024] QSC 192

Not all imputations meet the serious harm threshold; confirms the need for evidence of serious harm post-2021 reforms.

UK Defamation Act 2013

Influences Australian reforms; introduced the serious harm threshold and modern defenses.

Internet Intermediaries & Digital Platforms Liability (2023)

Clarified liability and safe harbour considerations for platforms hosting content.

Stage 2 Reforms (2024–25)

Ongoing reforms; Tasmania enacted March 2025; law unsettled in parts of the system.

Privacy Tort (Australia) 2025

New cause of action commencing 10 June 2025; protects intrusion into seclusion and misuse of private information.

Core Privacy Tort Elements: Intentional/Reckless Conduct

Conduct intended or recklessly engaged in regarding private information or intrusion.

Core Privacy Tort Elements: Intrusion into Seclusion

Unreasonable intrusion into solitude or private affairs.

Core Privacy Tort Elements: Misuse/Disclosure of Private Information

Unauthorized use or disclosure of highly private information.

Reasonable Expectation of Privacy

Plaintiff must have a reasonable expectation of privacy in the disclosed information.

Highly Offensive to a Reasonable Person

The conduct or disclosure must be highly offensive to ordinary sensibilities.

No Overriding Public Interest (Privacy Tort)

Public interest cannot justify invasion of privacy in the circumstances.

Grosse v Purvis [2003] QDC 151

Early Australian case recognizing invasion of privacy as a cause of action (not binding, influential).

Giller v Procopets [2008] VSCA 236

Disclosures of intimate material led to damages for breach of confidence and mental harm.

Waller v Barrett [2024] VCC 962

Wrongful disclosure of private medical/identity information; upheld strong privacy protections.

Exam Tip: Defamation vs Privacy

Defamation = false or damaging reputational statements; privacy focuses on protection of private information.