Media, Defamation & Reputation Management
Sydney's leading defamation lawyers.
From pre-publication advice to judgment, we protect reputations against mass media and social media publishers, and defend publishers when they are in the right.
A false story does its damage fast. Our team acts immediately, coordinating with your internal team and external media advisers to contain the harm, then pursues every remedy the law allows.
We act for claimants, including individuals and corporations whose reputations have been damaged, and for publishers, from national broadcasters to individuals posting on social media. Working on both sides gives us an exact understanding of how a publisher will respond and where a claim is strongest.
We negotiate settlements where that serves the client and litigate without hesitation when it does not. We are available around the clock.
What we do
Pre-publication advice
Review of articles, broadcasts and books before release, for publishers and for people about to be written about.
Claims against publishers
Concerns notices, offers to make amends, takedowns, corrections and proceedings against mass media and online publishers.
Defending publishers
Defence of media organisations and individuals, including truth, honest opinion and public interest defences.
Social media and online
Anonymous accounts, review sites, platforms and reposts, including urgent removal of content.
Injunctions
Urgent applications to restrain publication, and resisting injunctions sought against publishers.
Crisis and reputation management
Legal strategy coordinated with communications advisers so the response does not amplify the story.
The process
How a defamation matter runs.
A claim must generally be brought within one year of publication. The steps below apply in New South Wales and the other states that adopted the 2021 uniform reforms.
- First
Preserve and assess
We secure the publication and its reach, then test each imputation against the serious harm threshold and the defences a publisher is likely to raise.
Defamation Act 2005, s 10A - Second
Concerns notice
A precisely drafted concerns notice puts the publisher on formal notice and opens the 28 day window for an offer to make amends.
Defamation Act 2005, s 12A - Third
Contain the story
Takedowns, corrections and negotiated settlements, coordinated with your communications advisers so the response never amplifies the harm.
Crisis and media strategy - Fourth
Litigate to judgment
Where a publisher will not do the right thing, we run the case in the Federal Court or the Supreme Court and pursue damages, costs and vindication.
Federal and Supreme Courts
Outcomes
Ranked first for average defamation awards, 2020 to 2024.
In 2025, Australia's leading media law publisher found that Mark O'Brien Legal achieved the highest average defamation awards for clients of any Australian firm over the period. A selection of results follows.
| Client | Matter | Result |
|---|---|---|
| Plaintiff Senior NSW politician | Falsely accused of corruption and perjury in YouTube videos. | $715,000 damages, plus costs |
| Plaintiff Billionaire businessman | Falsely accused by The Sydney Morning Herald and the ABC, including of bribing a President of the UN General Assembly. Two proceedings. | $280,000 damages, first proceedings$590,000 damages, second proceedingsCosts in both proceedings |
| Plaintiff Papua New Guinea politician | Falsely accused of corruption by The Australian Financial Review, then defamed again in a second publication. | $465,000 damages plus costs, first matter$265,000 costs plus confidential compensation, second matter |
| Plaintiff International cricketer | Accused by The Sydney Morning Herald, The Age and The Canberra Times of indecent exposure in a team dressing room. The jury found he was defamed. | $300,000 damages, plus costs |
| Plaintiff Prominent solicitor | Falsely accused by The Daily Telegraph of being unable to represent clients because of his age. | $111,000 damages, plus costs |
| Defendant Mass media publisher | Claim by an individual described as a sexual predator. | Judgment for our clientIndemnity costs ordered in our client's favour |
| Defendant Mass media publisher | Claim by an individual said to have posted job listings to obtain sexual relationships. | Judgment for our client, with costs |
| Defendant Individual social media user | Claim by a local government mayor over a Facebook comment. | Struck out with costs to our client |
| Defendant Mass media publisher | Claim by a radio broadcaster over criticism of a radio program. | Settled no damages paid, each party bears its own costs |
| Applicant Local government councillor | Challenge to a council funding defamation proceedings brought by its mayor and general manager. | Declared invalid council funding, with costs to our client |
Past results do not guarantee future outcomes.
Selected matters
Landmark media cases, on both sides.
Matters our principals have acted in, including in prior roles. Many of our clients value privacy, so most of our work is never reported.
- Paul Svilans
Dow Jones v Gutnick
Acted for Dow Jones & Co in the landmark internet defamation proceedings in the Supreme Court of Victoria and the High Court of Australia.
- Paul Svilans
Nine Network Australia
Defending Nine in defamation proceedings in the NSW Supreme Court, District Court and ACT Supreme Court.
- Paul Svilans
Sitting member of Federal Parliament
Defended a defamation claim brought by a federal MP.
- Steven Lewis
Fine Cotton affair
Acted for an author in complex defamation proceedings arising from a book on the horseracing scandal.
FAQs
Defamation questions, answered.
General information only. Every matter turns on its facts, so speak with us about yours.
How long do I have to sue for defamation in NSW?
Generally one year from the date of publication. A court can extend this to up to three years, but only where it was not reasonable to start within the year. Because a concerns notice must be given and a waiting period observed first, get advice well before the deadline.
What is a concerns notice?
A written notice that must be given to the publisher before proceedings can start. It identifies the publication, the defamatory imputations and the serious harm caused. Proceedings generally cannot be commenced until 28 days after it is given, which is the window for the publisher to make an offer to make amends.
How much compensation can I get for defamation?
Damages for non-economic loss are capped, and the cap is adjusted every year. Aggravated damages can be awarded separately where the publisher's conduct made the harm worse, and economic loss is recoverable on top. Recent damages awards for our clients have ranged from $111,000 to $715,000.
Can I sue over a social media post or online review?
Yes. The same law applies to posts, comments, reviews and videos as to newspapers and broadcasts. Recent reforms protect search engines and give online platforms a defence if they act promptly on a complaint, so claims are usually brought against the person who wrote the material. We can also move quickly to have content removed.
Can a company sue for defamation?
Only in limited cases. A corporation can sue if it is a not-for-profit, or has fewer than 10 employees and is not related to another corporation, and it must show serious financial loss. Directors and executives can sue personally, and companies may have other claims such as injurious falsehood.
A story about me is about to be published. What can I do?
Call us immediately. We can contact the publisher before publication to correct the record and put them on notice of the legal risk. Courts rarely stop a story in advance, so early and well judged engagement with the publisher is usually the most effective step.
Do you act for publishers as well?
Yes. We give pre-publication advice to media organisations and defend publishers, from national broadcasters to individuals posting online.
Confidential consultation
Speak with a principal today.
Everything you tell us is confidential. If a publication is imminent, call us directly so we can act before it runs.
- Urgent
- 02 9216 9827 · 24/7
- Overseas
- +61 2 9216 9827
- Office
- Level 10, 16-18 O'Connell Street
Sydney NSW 2000