Rebel Wilson ruling puts ‘serious harm’ test in the spotlight
The Federal Court’s brutal ruling in MacInnes v Wilson shows Australia’s serious harm threshold is reshaping defamation law.
The Federal Court’s brutal dismissal this week of Charlotte MacInnes’ defamation claim against Rebel Wilson is the best sign yet that changes to Australia’s defamation laws are having their desired effect.
The centrepiece of those changes, introduced in June 2021, was the introduction of a “serious harm” test and the abolition of the triviality defence.
Media outlets had high hopes the change would help chip away at Australia’s reputation — behind only the US — as the defamation capital of the world. It helped that the “reasonableness” (of reporting) defence had never succeeded.
Under the previous regime, harm to reputation was presumed once a matter was found to be defamatory.
