If your website displays defamatory material, or is linked to other sites that display defamatory material, you may be sued for defamation. Whether material is defamatory will be determined by reference to where it is published. Under Australian law publication on the Internet of defamatory material is understood to be at the time and place that information is downloaded. Defamation laws vary between Australian States and other countries, therefore you may be liable for defamation actions anywhere in the world.  

To minimise legal risks, you should incorporate disclaimers into your website, particularly if you allow other people to post material on your website or allow links to and from your website.  Disclaimers in relation to defamation should clearly state that your organisation will not accept any liability for defamation in relation to third party material on your website.  However, you must remember that disclaimers are not a guarantee against a person suing you.  

You should also include a clause in your terms and conditions stating that anyone who posts material on your website, or links your website to theirs, will indemnify you for any loss or damage resulting from a defamation action as a result of their posted material or link.

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