Defamation

Since the adoption of uniform defamation laws throughout Australia in 2005, the old distinction between slander and libel has been abolished and a person can recover compensation for defamation without having to prove that they have suffered any actual financial loss.

What is defamation?

In short, defamation is where you say something about another person which would make others think less of them.

You can defame someone by the words you speak, material you publish on the internet or in print and by emails you send.  If the damage is done because someone repeats something that you have said or forwards your email, you may still be liable to pay compensation.

Right to compensation

A person who has been defamed is entitled to recover compensation.  However, in order for them to do so, they must be able to prove that the defamatory statement:

1. was made or communicated to someone other than them; and
2. would tend to injure their reputation in the minds of ordinary, reasonable people.

A court may award damages of up to $250,000 in addition to compensation for actual losses such as lost income.

Been defamed?

In order to minimise the damage to your reputation, it is important to act quickly.  A firm letter is often the first step in extracting a fast retraction.  If matters cannot be quickly resolved you may need to issue proceedings and seek an injunction preventing further publication. 

There are quite short time frames for commencing proceedings, so it is important to seek advice as early as possible. 

It might seem obvious that something said about you is defamatory, but the law isn’t quite so straight-forward.  The new defamation regime provides a number of defences to publishers and calls for an analysis of comments made in their context.

Our team of lawyers can assist you in pursuing your rights firmly and strategically.

Said or printed something you might regret?

If somebody threatens to pursue you for comments you or your employees have said or published you need to know where you stand.  With good advice, you can develop a strategy to resist or negotiate a claim cost-effectively.

You don’t want to be throwing money at a plaintiff if the law provides you with a good defence but, if in doubt, an appropriate offer to make amends, made promptly, can be a defence to proceedings brought against you.

Defamation is a highly technical area of law and there are many defences available. Even where defamatory words have been used, all is not lost! 

Get advice before you publish!

It doesn’t matter that you don’t mean to defame - courts consider the meaning of your words objectively.  Even if the statement or opinion isn’t yours and you merely repeat a rumour – you can still be held accountable for it.

If you are in any doubt that what you intend to print, post or say might land you or your business in hot water, our team is happy to provide you with prompt advice.