DEFAMATION LAW

With the prevalence of social media, enquiries concerning potential Defamation suits have reached an all-time high. This of course comes as no surprise. With the use of social media users are able to post defamatory comments, photographs, memes and other material instantaneously, perhaps without the opportunity for appropriate forethought and good sense. 

This includes the re-posting by users of other persons posts which could be construed as defamatory. The other risk for social media users is that any posting on the internet is, for all intents and purposes, available in perpetuity. That is, there is really no adequate method to permanently remove a defamatory statement from the internet. In essence, if you post something then you own it.

In order to sue for defamation the person aggrieved needs to establish to the satisfaction of the court:

1. That the offensive article, comment, photograph or other post was published. That is, it was not a private communication. Posting on social media, for example, is clearly a publication of the material. Re-posting will also constitute publication.

2. The published material must adequately identify the person aggrieved. This can be done by name. It could also be achieved by circumstance. If for example the defamatory publication makes reference to an individual in sufficient detail to identify that individual without actually naming them, then this itself will be sufficient to constitute identification of the person aggrieved.

3. That the published material was defamatory in that it operated to demean or denigrate the reputation of the person identified.

4. That there is no legal excuse for the publication of the material complained of.

Any person or legal entity including local governments, companies and incorporated associations can be held liable for defamatory publications. It is also open to the person defamed to bring proceedings against those who contributed to the publication of the defamatory material which could include the original author of that material, the publisher, journalists, television and/or radio stations who may be complicit in the publication of the defamatory material.

There are many defences available to a defamation suit. The person who posted the offending material can defend the claim by alleging:

1. That the matters published were substantially true.

2. The published material constituted the expression of an honestly held opinion as opposed to the making of a statement of fact.

3. That the material complained of, when taken in the context of the entire publication, caused no harm.

There are strict time limits with respect to the prosecution of a defamation claim. There is only one year available from the date of publication of the offending material in which to bring proceedings. There are limited circumstances in which the time period can be extended. 

Accordingly, if you wish to pursue a claim arising from the publication of defamatory material then contact Brydens Lawyers without delay. Our team of expert defamation lawyers are ready and available to assist you in connection with the prosecution or defence of a defamation claim.

If you are looking for the right defamation lawyer who has experience in the prosecution of defamation proceedings and resolving such disputes, then contact Brydens Lawyers today. Our expert defamation lawyers have a history of protecting clients from reputational damage, and in providing advice in relation to reputational risk in the event that you have published material which could be construed as defamatory. Our expert team will outline for you all of the associated legal costs, as well as explain to you the relevant defamation laws to ensure that your mind is put at ease.