How To protect yourself from defamation

Defamation is a term often misunderstood, leaving individuals uncertain when they are experiencing it. For instance, is a negative Google review or inflammatory social media comment from an employee defamation? Understanding defamation is crucial, especially in Australia, where public statements damaging someone's reputation may prompt legal action. As a result, if you think someone else has defamed you or your business, you should be aware of how you can protect yourself. This article will clarify the meaning of defamation and offers guidance on addressing it effectively.

What Is Defamation?

Defamation encompasses any publication to a third party that could harm an individual's reputation or public image. Defamation can arise through spoken words, written statements, or other forms of express communication. This broad scope includes digital media platforms like Facebook, Instagram or Twitter, where posts can quickly reach a wide audience.

It is crucial to recognise that while defamation laws have become more standardised across jurisdictions, subtle differences persist among states. These nuances can significantly impact how defamation cases are interpreted and adjudicated. Understanding the specific defamation laws in your state, such as New South Wales or Victoria, is essential to effectively navigate potential legal challenges.

While defamation encompasses various forms of communication that tarnish reputations, its legal interpretation varies. Whether through traditional media or online platforms, defamatory statements can have serious consequences. Staying informed about defamation laws and seeking legal guidance when needed is important to protect your reputation and navigate potential legal disputes.

Are All Threats to My Reputation Defamation?

Not every negative comment is going to constitute defamation, and you should be aware of situations where these remarks are permissible. Some examples of non-defamatory content include instances where the:

• comment is objectively true in substance (note that it is not sufficient that the commenter believed it to be true);
• information is a matter of public interest;
• comment is a fair and honest opinion;
• individual in question innocently disseminated the material; or
• damage to your reputation is objectively trivial.

This is not an exhaustive list, and as you can see, many of these scenarios are difficult to quantify. This is another reason why you should seek legal advice before alleging defamation.

Who Can Bring a Claim of Defamation?

As an individual, you can bring a claim of defamation. You also have the right to do so if you run a small business that employs less than 10 employees. Importantly, you must believe your reputation has been harmed by false statements before bringing forward a claim. However, determining the threshold for sufficient damage can be complex. In cases of uncertainty, seeking guidance from an experienced lawyer is advisable. They can assess the circumstances, evaluate the potential impact on your reputation, and provide you with informed advice on whether pursuing a defamation claim is viable.

Can a Company be Defamed?

If you are a company, certain conditions must be met to warrant bringing a claim for defamation. They include that:

• you have less than 10 employees total; or
• your company is a not-for-profit organisation.

Additionally, individuals within the company, such as officers or directors, can pursue defamation claims if the defamatory material sufficiently identifies them. However, for companies with more than 10 employees, claims may typically be pursued through a similar cause of action known as injurious falsehood.

For example, imagine you ran a small family-owned business with seven employees that is falsely accused on social media of health code violations. If these allegations cause a significant drop in customers, you may have grounds to pursue a defamation claim. This is because your business has experienced identifiable harm to its reputation and commercial operations.

What if Defamation Occurs Overseas?

In a technologically connected world, it is becoming increasingly challenging for you and your business to protect your reputation against attacks from abroad.

The current position in Australia is that when the publication is available in Australia, the courts may hear the matter. This means that even if defamatory content originates from overseas, you may pursue legal action domestically if people in Australia can access and view it.

For example, consider a multinational corporation headquartered in Australia that is targeted by defamatory remarks on a foreign website accessible to Australian users. The corporation may have grounds to file a defamation claim in Australian courts despite the defamatory content's origin being outside the country.

How Does Social Media Affect Defamation Law?

Many individuals and businesses use social media to express their opinions about other parties. As expected, in some cases, a business will be liable for comments and posts by visitors to the page. By staying vigilant and promptly addressing inappropriate or defamatory comments, you can mitigate the risk of reputational harm and potential legal liabilities. It is important to stay on top of the content that others post publicly on your business' social media page.

Are There Time Limits on Defamation Claims?

Under Australian law, you typically have one year from the date of the alleged defamatory publication to file a claim. However, it is important to note that this timeframe may vary depending on the circumstances of the case.

Key Takeaways

Overall, defamation is a tricky area of law and navigating it requires careful consideration. Defamation may arise when another party has made a statement that harms you or your business's reputation. Before you allege defamation, consider the following critical questions:

• Has your reputation been substantially damaged by the material, and is the material based on false information?
• When and where was the material published, and do your customers or employees have easy access to the material?
• Who or what is the subject of the defamatory material? Is it you, your business, or someone specifically working for you?

By addressing these questions, you can better understand the nature and scope of the alleged defamation. This will help you to make informed decisions about pursuing legal action or resolving the matter through alternative means.

If you need help understanding defamation, our experienced litigation lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.