Defamation

Defamation

 

We have seen an increase in enquires relating to defamation claims.  With this in mind, we thought we would publish a brief article on defamation in Australia.

If you have any questions in relation to defamation, please do not hesitate to get in contact with us at info@saltlegal.net.

Defamation Law in Australia: An Overview

Defamation law in Australia is designed to balance the right to freedom of speech with the protection of an individual’s reputation. Here is a brief overview of the key aspects of defamation law in Australia.

What is Defamation?

Defamation is a statement that injures a third party’s reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).

Who Can Sue for Defamation?

In Australia, the Defamation Act 2005 stipulates that only certain individuals and entities can sue for defamation. These include:

• Individuals.
• Not-for-profit organisations.
• Corporations with fewer than 10 employees.
• Notably, governmental bodies cannot sue for defamation in Australia.

Elements of a Defamation Claim

To succeed in a defamation claim, the plaintiff must prove three elements:

1. Publication: The defamatory statement was communicated to a third party.
2. Identification: The plaintiff was identified or identifiable in the statement.
3. Defamatory Meaning: The statement could harm the reputation of the plaintiff in the eyes of an ordinary, reasonable person.

Defences to Defamation

There are several defences available to a defendant in a defamation claim, including:

1. Truth: If the defendant can prove that the defamatory statement was substantially true, it is a complete defence.
2. Absolute Privilege: Statements made in certain settings, such as in Parliament or in court, are protected from defamation claims.
3. Qualified Privilege: This applies when the person making the statement has a legal, social, or moral duty to make the statement, and the recipient has a corresponding interest in receiving the information.
4. Honest Opinion: This defence applies if the statement was an expression of the defendant’s genuine opinion rather than a statement of fact, and the opinion was based on proper material.

Conclusion

Defamation law in Australia is a complex field with many nuances. It seeks to strike a balance between protecting individual reputations and upholding the principle of freedom of speech. As with any legal matter, specific advice should be sought from a qualified legal professional in relation to any particular circumstances.

Please note that this article is intended to provide a general overview of defamation law in Australia and does not constitute legal advice. Always consult with a legal professional for advice on specific legal issues.

At Salt Legal, we provide advice and assistance to client in all areas of:

·         Employment law.

·         General business and commercial law or disputes.

·         OHS.

·         Equal opportunity.

·         Workers’ compensation.

·         Defamation.

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