Your Guide to Defamation Deadlines in Australia

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Your Guide to Defamation Deadlines in Australia

If you’ve ever Googled “How long do I have to sue for defamation n Australia?” or “Can I take down a harmful social media post?” you’re certainly not alone.

Recent years have seen a surge in people contacting us at Sharon Givoni Consulting after finding themselves the targets of damaging posts, nasty comments or rumours online. One of the first—and most important—answers we give: don’t wait too long to act.

Why, you might ask? Because defamation has some of the strictest legal deadlines of any civil claim in Australia. Missing them can mean losing your chance at justice, no matter how harmful the statement or post.

Understanding Defamation Time Limits

In Australia, you one year from the date the defamatory material is published to commence legal proceedings.

That includes social media, online reviews, emails, and more. This time limit is known as the “limitation period” and it applies whether the publication is in Melbourne, Sydney, or anywhere else in the country.

The point is: you wait longer than twelve months, you’ll usually lose your right to sue, making it all but impossible to restore your reputation through the courts.

Real-World case study

Let’s imagine Anna, a local Melbourne café owner.

She discovers a false review published about her business on a major review site. At first, she hopes it will die down on its own—but after delays and indecision, the one-year period passes. By then, her legal options are sharply limited. Even if she eventually contacts a lawyer, there’s no guarantee a court will allow a late claim.

Can this time limit be extended?

Australian defamation law may allow for extensions—but this tends to be in rare circumstances.

If you didn’t discover the material right away or there was a genuine reason for delay, you may apply for up to a maximum of three years. However, the court has to be satisfied that it wasn’t reasonable for you to sue earlier, and you will need to provide solid evidence and explanations for waiting.

Extensions are on a case by case basis

Whether a court will let you bring a defamation claim after one year depends on your specific situation—there’s no black-and-white answer. If you find the material late or have a real reason for the delay, you can ask for extra time but you must give good evidence and reasons showing why you couldn’t act earlier.

Courts make this decision case by case, so you should always get legal advice as soon as possible to understand your chances and protect your rights.

If you see something about you posted on social media that you think is defamatory, you need to know the law only gives you one year to act. Once someone puts up a post or video, the “limitation period” starts from that very first time it’s made public—not every time someone else sees it or shares it around.

This “single publication rule” means that even if a post goes viral or keeps getting reshared and commented on, you still only have one year from the original upload date to start legal action. So, just because people keep talking about it doesn’t mean you get more time—the clock doesn’t reset. This is why it’s important not to wait; if you spot a damaging post, get advice and act promptly to protect your rights.

What about Social media – how does that work?

If you see something about you posted on social media that you think is defamatory, the same rule will usually apply – you have one year to act.

Once someone puts up a post or video, the “limitation period” starts from that very first time it’s made public—not every time someone else sees it or shares it around.

This rule applies even if the post gets shared over and over—it doesn’t restart the timeline.

So, once it’s out there, the clock starts ticking, subject to some rare exceptions. If you see a post that’s a problem, the best thing is not to wait around and to ask for help if you need it.

What to do if you think that you have been defamed?

Act Fast and preserve evidence, this is what we tell our clients. It’s also good to take screenshots (with time and date), save links, and document conversations.

The other thing to bear in mind is that even if reporting on Facebook or Google is helpful, but it doesn’t pause the legal deadline.

FAQs: Defamation & Social Media

Q: What is defamation?

A: Defamation is when someone spreads false information about another person that causes serious harm to their reputation. This can be done in writing, speaking, or posting online.​

Q: Can I defame someone on social media?

A: Yes. Posting untrue things about someone on Facebook, Instagram, or anywhere public online that damages their reputation is defamation.​

Q: What if I found the post after a year has passed?

A: Normally, you have 12 months to start a case. If you found out late, get legal advice as the answer is not black and white.

Q: Are there any defences to defamation?

A: Yes. These could include things like:

• The statement is true.
• It’s an honest opinion, not stated as a fact.
• It was published without knowing it was defamatory (innocent dissemination).

1. What if I found the post after the year was over?

You can ask the court for an extension (up to three years), but it will not always be granted.

How can Sharon Givoni Consulting help?

1. Legal advice: We assess your case and tell you your time limits.
2. Concerns notice: We can send a formal request to remove or fix the post before court.
3. Legal action: We help resolve the matter privately or, if needed, in court.

Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.