Defamation

Defamation is where a person or business seeks damages for loss of reputation due to someone publishing or otherwise distributing defamatory material that causes others to think less of them. Defamatory material can take many forms including blogs, articles, novels, poems, photos, songs, emails, cartoons, drawings, paintings, online reviews, social media posts, and more.

Written Defamation

The equivalent of libel, written defamation involves defamatory statements made in writing, or in ‘permanent form’. This can include communications such as emails and group messages or publications such as books, online posts, or news articles.

For a defamation claim to be successful, the plaintiff needs to prove:

• Publication
• That a third party saw or heard the publication
• That the publication caused reputational damage

Spoken Defamation

Formerly known as slander, spoken defamation whilst suable, can be harder to prove than written defamation. In this instance, it is likely that the person claiming defamation will have to get witnesses to testify firstly, as to what was said, and secondly how what was said influenced their opinion of the person claiming defamation. Spoken defamation may also be harder to prove if there is no recording of what was said.

In Australia, the onus is on the defendant to prove that they did not defame the plaintiff. A defendant has multiple defences they can rely upon, including justification (truth) and privilege (both qualified and absolute).

In Australia defamation law is designed to protect people or businesses from false or damaging statements being made about them that may cause harm to their personal or professional reputation. It enables those who have been defamed to seek compensation for financial and other losses resulting from a defamatory publication of any kind.

If you would like find out more about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an interview.

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Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.