Understanding Defamation

The law of defamation is designed to protect an individual’s reputation, while still maintaining the right to free speech. In South Australia it is governed by the common law and the Defamation Act. Previously, defamation was divided into two categories – libel and slander – but now it is all called defamation.

There are three elements to prove defamation:

• that the material was communicated to another person/s;
• that the material identifies someone; and
• the material is defamatory.

The particular person does not have to be specifically identified in the statement if the words used cause people who know the complainant to believe that they are being referred to in the material.

What can I do if I think someone has defamed me?

If you think you have been defamed, it is important to remember that the defamatory material must cause the average person to think less of you. Material you personally find hurtful or material you personally disagree with will not necessarily be defamation. For example, if the material is substantially true or is unlikely to cause you harm.

If you think you have been defamed, there are a number of legal pathways available to you:

• you can send the person who defamed you with a legal notice asking them to take down the material and make a public correction;
• you can sue the person who defamed you (or anyone involved in defaming you) for defamation. If you have been defamed, you usually must sue within the time limit of 1 year from when the material was communicated.

It is important to know that legal action can be costly and time consuming. If you think you have been defamed, we strongly recommend you get legal advice about your options.

If you successfully sue someone for defamation, the court may award you money (as damages) to compensate you for damage to your reputation, your emotions, and any economic loss you have suffered. The court may also stop the person who defamed you from publishing defamatory material about you in the future (an injunction).

If you have been defamed and 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.

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.