Memes & Defamation: The Danger of the New Age

Memes are the internet’s universal language. Although a joke has, at times, turned into a viral internet sensation with unintended legal consequences. As a result, numerous academics have warned that, due to their viral nature, memes can bring about defamation lawsuits and fines.

Under the Defamation Act 2013, a defamatory statement must cause ‘serious harm’ to a claimant’s reputation. In the context of companies, ‘serious harm’ is characterised by financial loss. A defamatory statement must identify the potential claimant, although they need not be explicitly named. The statement must also be false. Publication is the last requirement, and posting a meme on social media meets this requirement.

On the other hand, defences to a defamation claim include situations where the publisher is stating an honest opinion or where the statement itself is true.

There have been several cases that have provided guidance on what internet jokes may or may not be construed as defamation. In 2024, an employee was fired for re-posting a meme that mocked management. When his supervisor came across the post, the employee was terminated, leading him to file a wrongful termination suit against the company. The court found that the employee had not made a defamatory statement.

Conversely, in Australia, a defamatory claim against a meme page was successful. The suit arose when the page falsely implied the claimant’s involvement in explicit material that had gone viral on the internet. This further illustrates the legal threshold for defamatory statements in relation to memes, showing that, despite whether the content was intended as satire, any reputational damage could amount to defamation in the eyes of the courts.

Conclusively, there is a fine line between a humorous post and a defamatory one. As has been recommended, users should be careful that their posts do not mistakenly defame another person. While there are certain legal protections afforded to posts intended to be satire, as outlined in the defence ‘fair comment’, the potential consequences far outweigh the benefits.