Defamation Articles

MUTE THOSE THOUGHTS! In the eternal struggle between individual liberty and social cohesion, one aspect where this is now playing out involves freedom of expression vs contractual obligations to employers and the arena is Social Media. The famous Australian rugby player, Israel Folau, sent out this Instagram post: “Warning – Drunks, Homosexuals, Adulterers, Liars, Fornicators,… Read more »

All About The Defamation Time Limit

by | Defamation

Don’t Let Sleeping Slanders Lie The old law stated that in an action for defamation (to use the old language, libel and slander), the aggrieved party had six (6) years to sue. However, the defamation time limit was drastically changed in the noughties by legislative reforms to defamation law across the Australian States. In this… Read more »

Facebook Defamation In the Comments Section

by | Defamation

In this digital age that we live in, social media and the internet have no doubt changed the way we communicate and interact with one another. At the touch of a button, you can reach hundreds of people with your opinions and comments. So when it comes to negative comments, what constitutes Facebook defamation and… Read more »

Defamation: Malice – When is it Important?

by | Defamation

If someone defames you, legal liability generally doesn’t depend upon whether that was malicious or not. It generally doesn’t matter if it was intentional or not.  (Actual malice can be relevant to damages, however, as an aggravating element). Malice irrelevant Bill sends a general-public Facebook message that says “Mike Savile is a pedo”. Mike sues… Read more »

Defamation and malicious falsehood do overlap in the court of law. While defamation is more widely known and actioned, malicious falsehood is an alternative.  Malicious falsehood (also known as injurious falsehood) differs from defamation (which injures personal reputations).  Malicious falsehood is a lie about someone’s goods, business, or assets (e.g., X lies that trader Y’s… Read more »

We have all heard stories of people using their Will to spite beneficiaries by leaving everything to charity or the family pet.  But what about Will makers who want to have the last word and let people know what they really thought?  What if the Will maker’s last words are lies, designed to hurt and… Read more »

Defamation Damages for Internet Abuse

by | Defamation

In a celebrated recent case, a self-appointed ‘avenger’ styling himself as “The Arbitrator”, complete with website and blog, decided to go on a one-man crusade against Australia’s banks.  Fair enough, you might think – the internet can empower the weak against the strong.  But such power, like all power, should not be abused. The case… Read more »

Defamation on the Internet – The Secondary Publisher

by | Defamation

Since our June 2015 article, ‘Internet Defamation – Sexy Photos, Lies & Broken Promises’, where we spoke of difficulties in having defamatory material removed from the world wide web, a decision of the SA Supreme Court in Duffy v Google Inc has been delivered (27 October 2015), which is instructive. In that case, various persons… Read more »

Recently, this firm successfully helped a client to demand the removal of a defamatory blog from the internet by the server company.  This is easier said than done, for in the world of the internet, complex legal questions arise as to where publication occurred, where proceedings can be brought and whether an internet server can… Read more »

Defamation Damages

by | Defamation

Compensation for Defamation If a person has been the victim of slander or libel, a claim for defamation damages can be brought. Whilst the Courts will not order a defendant to apologise, defamation lawyers will advise that is it good policy to apologise as soon as possible. The Courts will also take a defamation apology… Read more »

A Defamation Apology Can Reduce Damages

by | Defamation

The law of defamation is clear enough in theory, but technical and complex in practice. The Defamation Act, adopted in most Australian States, offers important steps for apologising and making amends that may substantially reduce damages for defamatory publications. However, before offering a defamation apology, it is incredibly important that you seek legal advice from… Read more »