Do not respond in anger
When someone publishes something damaging about you online, the instinct is to reply straight away. Resist it. A public reply can amplify the material, draw more people to it and, in some cases, expose you to a claim of your own. Your first priority is to preserve your position, not to win the argument in the comments.
Preserve the evidence
Before anything is edited or deleted, capture it. Take screenshots that show the full post, the author's name or handle, the date and time, and the URL. Record the comments, shares and reactions, because they help show how far the material travelled and how readers understood it. If the material is a video, save a copy or a reliable record of it.
Keep a note of anyone who contacts you about the publication and anything that happens as a result, such as a client cancelling work or a colleague raising it. Under section 10A of the Defamation Act 2005 (NSW), a claim requires serious harm to reputation, so evidence of consequences is just as important as evidence of the words.
Work out what the post actually says
Defamation is concerned with the meanings, or imputations, that ordinary reasonable readers would take from the publication. A post does not need to name you if people who know you would identify you from a photograph, a job title or the surrounding context. Equally, calling something an opinion does not automatically protect it.
It also matters whether the statement is true. Truth is a defence under section 25 of the Act, and the honest opinion defence in section 31 protects genuine opinion based on proper material. An early, frank assessment of the publication and any defences available to the author will tell you whether a legal claim is realistic.
Watch the clock
The limitation period for defamation in New South Wales is one year from the first publication, under section 14B of the Limitation Act 1969 (NSW), with a court able to extend it only in limited circumstances and to no more than three years. Since the 2021 reforms you also cannot start proceedings without first giving the publisher a concerns notice and allowing time for an offer to make amends. Those steps take weeks, so waiting to see whether the problem goes away can be costly.
Ask for removal through the right channels
Many platforms have reporting tools for content that breaches their terms, such as harassment or impersonation. These can be quick, but they are not designed to decide whether something is defamatory, and outcomes vary.
In some cases a formal concerns notice to the author, setting out the imputations and the harm, will lead to removal and an apology without further steps. Where the author is anonymous, there are court procedures that may help identify them, and since 1 July 2024 the New South Wales reforms dealing with digital intermediaries allow a court to order a non party, such as a platform, to take steps to remove or block access to defamatory material in certain circumstances.
Where the conduct is abusive rather than simply damaging to reputation, the eSafety Commissioner has powers under the Online Safety Act 2021 (Cth) that may be relevant. Defamation is not always the right tool, and part of good advice is choosing the remedy that fits.
Think about the bigger picture
Not every false post is worth litigating. Proceedings can draw attention to the very material you want forgotten. A strategy might combine a concerns notice, platform reports and a measured public statement. For businesses and public figures, it also means strengthening accurate information about you online so that one post does not define you.
A practical checklist
- Capture the post, the URL, the date and the reaction to it.
- Do not reply publicly or repost the material.
- Note any consequences for your work, relationships or business.
- Get advice early about the meaning of the post, likely defences and the timetable.
- Consider a concerns notice and platform reporting before anything else.
If you are dealing with an online publication now, you can read about my areas of practice, contact me, or visit Mark O'Brien Legal to arrange a confidential discussion.
General information, not legal advice. This article is general information about the law in New South Wales as at 13 October 2026. It is not legal advice and should not be relied on as such. Laws differ between states and territories and every matter depends on its facts. For advice on your situation, please contact Mark through Mark O'Brien Legal.