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DEFAMATION LAW

DEFAMATION LAW

If someone has said or published something that serves to damage your reputation or if you have been accused yourself of having damaged someone else’s reputation, then our team of expert defamation lawyers are available to assist you.

Defamation occurs when something is published, either in writing or verbally or perhaps by some other means of communication such as social media, and has the effect of or leads to the disparaging of a person and the damaging of their reputation.  The law, encapsulated in the Defamation Act, is designed to protect a person’s reputation from the publication of damaging and demeaning material.

ON WHAT GROUNDS CAN AN INDIVIDUAL MAKE A DEFAMATION CLAIM?

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.

WHAT DEFENSES ARE AVAILABLE FOR A DEFAMATION CLAIM?

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.

WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?

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.

WHAT TIME LIMITS APPLY?

There is a very strict time limit of one year from the publication of the defamatory material for the purpose of commencing a defamation case. In the event that you have been defamed it is imperative that you contact Brydens Lawyers as soon as possible for expert legal advice and representation to determine whether a claim is available and if so, the way forward.

WHAT IS YOUR NEXT STEP?

Contact Brydens Lawyers and allow us to introduce to you an expert defamation lawyer to assist. Brydens Lawyers has 50 years experience in the pursuit of court proceedings to recover damages for persons defamed and are ready and willing to assist with your defamation disputes.

WE DO DEFAMATION LAW WELL. HERE ARE SOME EXAMPLES:

Brydens Lawyers have acted for individuals, corporations, media and business figures in defamation cases.

We have acted for employees who have been defamed by their employers with the publication of defamatory statements in the workplace. 

We have acted for persons defamed by the publication of illicit and inappropriate material on social media.

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Omar Khan of Brydens Lawyers resolved everything quickly and looked out for my interests every step of the way. I’m very satisfied with how things played out and will definitely be contacting them if I need help again.

Paul M, a client of our Commercial division.

I cannot say enough of my lawyers Omar- he listened and gave simple answers so I could understand. Most importantly, he showed empathy when I was distressed.

Lisa O, a client of our Commercial division.

CONTACT US TODAY


LIVERPOOL HEAD OFFICE

Lvl 2, 203 Northumberland Street,
Liverpool NSW 2170

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