What Australia's 'Serious Harm' Test Means for Social Media Users

Australia’s ‘Serious Harm’ test in defamation law is a significant reform, ensuring only claims with genuine reputational damage make it to court, cutting down on frivolous cases. Plaintiffs now need to prove that a statement caused or is likely to cause serious harm, a standard inspired by UK law but tailored for Australia’s context. Judges, not juries, assess harm, making the process more efficient. This change is particularly relevant for social media users, as even seemingly innocent posts can have serious consequences, encouraging Aussies to think twice before posting while striking a balance between free speech and protecting reputations.