Business owner can’t sue over one-star Google review, judge rules
In most states and territories, a person can only sue for defamation if they prove a publication “caused, or is likely to cause, serious harm” to their reputation.
The case was among the first in Australia to test the serious harm provision, which is now law in most parts of the country. The posts, which were online between March 16 and March 31 last year, were deleted after the former customer received a legal letter., which started in NSW, Victoria, Queensland, South Australia and the ACT in July 2021 and in Tasmania in November that year, a plaintiff must show the publication of “defamatory matter” about them “has caused, or is likely to cause, serious harm” to their reputation. Failing to prove serious harm results in the case being dismissed.
The serious harm test, modelled on British law, was among “a series of reforms intended to encourage parties to seek alternative ways to resolve claims where the damages are likely to be modest and out of proportion to the cost of proceedings”, Judge Gibson said.
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