Nowadays we are living in the digital era and all our discussions are conducted either via private messages, group chat or social media. However, what will occur when an individual says something harmful or even untrue during an apparently confidential conversation? Is that sufficient to constitute defamation in Australian law?

Unpeeling the burden of the laws of defamation of individuals and groups, as well as what people should know, is an unperfected trick.

What Is Defamation?

In the Australian law, warning signs of defamation case is found when:

• There is publication of a statement (made to at least one individual other than the subject);
• The statement determines the individual (directly or indirectly); and
• The quote is a blow to the reputation of a person in the minds of others.

Defamation may render in writing, oral expression, pictures, or even emojis – and the medium or the context does not necessarily play a edificant role. The idea is that the statement has been made to the audience of another person, but not the defamed.

Is there Defamation in Group Chats?

Yes, A group chat (WhatsApp, Messenger, Slack, etc.) can definitely be an environment in which the defamation takes place.

When a member of the group falsely and harmfully says a statement about another person and even one other person reads or hears the statement, that is considered publication under the law of defamation.

Example: When one messages in an office WhatsApp group that a work mate has been fired because of stealing and that is not the case, that could be defamatory, although it was posted in a private WhatsApp group.

The law does not differentiate between a message that is sent to a group of 100 people or to a group of 3 people – it is sufficient that it is published to one other individual.

What of Personal, one to one messages?

Defamation demands that a person say something to a party other than the defamed party.

Then, in case you merely send out a message to the very person you are defaming, that does not qualify as published– and is, consequently, not defamatory.

But when you are sending that same message to a third party, or when the recipient afterwards discloses it to other people (and that was reasonably foreseeable), then it may constitute publication and may lead to an action or liability as defamation.

Forwarded Messages and Screenshots

Although you may think one of these chats is confidential, you will always have the chance that some screen shots, forwarded messages, or even tapped conversations will get your words out even further.

In the event of that, provided the statements were defamatory, the sender might still be liable to the publication of the statement – particularly assuming that the additional distribution was foreseeable.

Defenses to Defamation

In case an individual is charged with a defamatory statement, a number of defenses can be used, some of which include:

Truth (Justification): The statement was material truth.

Honest Opinion: It was articulated as an opinion made on the proper material.

Qualified Privilege: This assertion was done when there was a legal, moral or social obligation to disclose it (e.g. workplace reporting).

Public Interest: The said publication was a case of public interest.

Nevertheless, such defenses seldom safeguard the casual remarks in group chats (particularly false or vicious ones) that have occurred in private.

Practical Takeaways

Treat group chats and private messages as if they could become public — because they often do.

Avoid making negative or false statements about others, even in “private” digital spaces.

If you believe you’ve been defamed, seek legal advice early. There are strict time limits (usually 1 year from publication) for bringing a claim.

It’s also important to remember that intent doesn’t always matter. Even if you didn’t mean to harm someone’s reputation, a careless message or “joke” in a group chat can still lead to legal consequences. Always think before sending messages that could be perceived as harmful, false, or offensive.

Employers and community groups should also consider implementing clear communication policies that address responsible use of chat platforms like WhatsApp, Slack, or Teams. These policies can help prevent reputational harm and potential legal disputes among staff or members.

If you find yourself involved in a dispute over messages in a private group, try to preserve the evidence — take screenshots and note the dates and times of messages. This information can be critical if a defamation claim arises.

Ultimately, the best approach is to communicate with respect and caution, even in informal digital settings. In today’s connected world, there’s no such thing as a truly “private” conversation.

Need Advice on Defamation?

If you’ve been defamed in a group chat, social media post, or private message — or accused of defamation. Contact defamation Lawyers Perth.

Contact today for confidential advice and to understand your options.