Making and Defending a Defamation Claim

Defamation can be blatant lies and it can also be false representations. In a defamation case the onus is on the plaintiff to prove their reputation has been damaged by information being communicated or published. The legal test used to determine whether a statement is defamatory is whether in the eyes of a “reasonable person” the plaintiff’s reputation has been lowered.

Making a Defamation claim

If you can prove that you are the subject of a communication to a third party that contains false statements which may damage your reputation, you may be able to make a defamation claim provided that you are able to prove the following:

• That the defamatory material was published, and that the statements in the publication are not substantiated by facts
• That you or your business were clearly identified in it
• That it caused or is continuing to cause harm to your reputation.

Defending yourself against a defamation claim

If you have been accused of making a defamatory comment or publishing defamatory material, there may be consequences for not responding in an appropriate timeframe. Thus, you should seek legal advice as soon as possible as.

You may be able to defend a defamation claim provided that you are able to prove the following:

• That the publication was an honest opinion, rather than statement of fact
• That the publication was of public concern or substantially true
• That the publication was obligatory for a legal, social, or moral reason
• That the aggrieved party is unlikely to sustain any harm to their reputation
• That the defendant did not know or ought not to have known that the published material was defamatory
• That the publication was made in a privileged context such as a parliamentary debate, in court or in a tribunal judgment.

There are numerous speedy and non-litigious methods for resolving defamation disputes. Here at Straits Lawyers, we have experienced and knowledgeable lawyers that are able to provide expert advice about how to negotiate a positive outcome.

Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an interview.

Alternatively, you can book an online consultation with us via this link: https://straits-lawyers.square.site/product/online-consultation-/11?cs=true

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.