Credit: Sharon Givoni
Protecting Your Creative Reputation: When Criticism Becomes Defamation
Imagine that one day you are scrolling through Facebook when you see a post from a friend saying you looked terrible in a recent profile shot.
Comments roll in, and it stings—but it’s just Facebook, right?
Now, imagine you’re an artist on social media, and someone accuses you of bullying when all you did was stand up for yourself when you discovered someone was copying your art. That “bully” label sticks, and your followers start dropping.
Or, say that you are a small business owner who discovers a scathing Google review, wrongly branding your online craft shop a scam.
Soon, word spreads in your community, customers decline, and eventually, you find yourself shutting down your business altogether.
Each scenario shows a different level of harm, yet each leaves a mark on your reputation.
When does online criticism cross the line into defamation?
So, when does online criticism cross the line into defamation? And what does Australian law say about the harm required to make a successful claim?
With recent changes, Australian law now requires claimants to show “serious harm.”
This is a big deal and we will now break down what this means for artists, small businesses, and creatives facing damaging comments online.
What is Defamation, and Where Does “Serious Harm” Fit In?
Defamation happens when someone publicly shares false information that harms your reputation. This harm can range from a few hurtful remarks to a significant loss in business or reputation. Due to changes in the law, defamation law now requires proof of “serious harm” to pursue legal action.
The “serious harm” standard is part of a move to ensure only genuinely damaging cases move forward.
This acknowledges the modern reality of online criticism, where anyone’s work or reputation can be discussed.
To succeed in a claim, claimants must prove substantial, lasting harm to their reputation.
How Serious Harm Plays Out in Different Situations
Scenario 1: Hurtful Comments on Social Media
If someone comments that you look bad in a photo, criticises your colour choices, or says your recent project “misses the mark,” it may sting. However, this might not meet the “serious harm” threshold under Australian defamation law.
Personal opinions are often shared freely on social media, and minor criticisms may not have enough impact on your reputation to meet the legal standard. While this might feel unfair, the law is focused on substantial reputation damage rather than hurt feelings.
Scenario 2: When words go too far
Accusations of bullying are more complex. If someone labels you a bully after defending your artwork, it could impact your professional standing—especially if it affects client relationships or damages your artist reputation.
Here, defamation could come into play, depending on a bunch of factors and legal considerations.
Scenario 3: When has the line been crossed?
For a business, defamation can be particularly severe. Imagine a false review and social media comments accusing your business of being a complete and unprofessional scam. Word spreads and over time, you lose customers, your reputation is damaged, and eventually, your business faces closure.
For many businesses, substantial harm to reputation or finances will provide far more stronger grounds for a defamation case.
Why Serious Harm Matters for creatives
The “serious harm” standard prevents minor disputes from becoming major legal cases. It balances the right to free speech with protecting businesses and individuals from severe, unjust damage. In essence, the harm must be more than trivial, involving financial loss, decreased reputation, or another serious consequence.
One-Size-Doesn’t -Fit-All
In the design community, if someone said that your work was “not the most original they had ever seen” that could hurt.
But if they said: “This artist continuously copies others so you’re wasting your money if you want something unique”, that could go much further and actually harm an artist’s reputation, implying a lack of creativity or integrity.
Protecting Your Creative Reputation in the Digital Age
With Australia’s serious harm requirement, defamation law now considers online defamation through a lens of real damage.
At Sharon Givoni Consulting, we’re here to help creatives, artists, and business owners navigate these laws. We can guide you through building a strong defamation case if you’ve suffered serious harm to your reputation.
For more insights on defamation for creatives, explore the Defamation Law information sheet by Arts Law.
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.