Can Posts Made on Facebook Be Defamatory?

Table of Contents

Share at:

What is Defamation?

Firstly, posts made on Facebook can be defamatory. Defamation can happen when someone implies or communicates something about you that negatively affects you, or your business’s reputation. For instance, a post made on Facebook accusing you of violence or criminal activity could be defamatory.

Common law and Uniform State and Territory laws govern defamation. In general, for a post made on Facebook to be defamatory, a series of things have to be proved. 

Generally, the post in question must:

  • Be viewable by third parties and published on Facebook
  • Identify you or your business (small businesses only)
  • Be defamatory, intentionally or not. In general, that means it has to negatively affect your reputation or what people think of you.

Defending Defamation

It’s important to note that the person who made the post can argue that the statements about you were true. However, they need to be able to prove this. Furthermore, they could defend a defamatory statement is to claim qualified or absolute privilege or fair comment.

How can Posts Made on Facebook be Defamatory?

Overall, if a Facebook post makes people have a lesser opinion of your reputation it might be defamatory. It can be through a photo, video, drawing, text or other medium. Additionally, sharing someone else’s defamatory material might also be considered defamation. 

Think You’ve Been Defamed on Facebook?

Firstly, read our guide on what to do if you think you’ve been defamed. In summary, the steps you could take are:

  1. Ask the person who posted the Facebook post to take it down. This could help you avoid a disagreement or complex legal issue. Furthermore, it’ll prevent negative comments appearing about you or your business.
  2. Additionally, you can report the post to Facebook. Facebook’s reporting processes are available to all users. This is a good way to ensure the content doesn’t stay online and harm you or your business.
  3. Alternatively, you can take legal action. There are situations where taking legal action could be important for you or your business.

If you choose to take legal action, we recommend getting a lawyer’s assistance. Find a defamation lawyer on our online market place!

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Legal and Accounting Topics covered in Advice Plans

As the financial year wraps up, it’s the perfect opportunity to step out of the day-to-day grind and set your business up for future success.

Your Guide to Launching an App (2026 Update)

Have you ever thought about launching an App? Find out the legal, marketing and development processes you need to follow here.

Key Differences Between a Deed and a Contract

Deeds and contracts are both legally binding documents, but they are not the same. Find out how they're different in this article.

How to Start Your Own Bookstore

Eager to open your own bookstore but not sure where to start? Here we've set out some steps on how to start your very own bookstore.

How to Start a Tattoo Parlour Business

Tattoos are becoming an increasingly popular form of self-expression. Find out how to start a tattoo parlour business here.

How to Start a Personal Training (PT) Business

Are you looking to start a personal training business? Read this article to see a step by step guide on what you need to do before getting your first client.