DEFAMATION LAW

People often talk about the right to free speech but this must be balanced against the competing theme of protection of reputation. What is your reputation worth to you? The reality of the costs implication of actions in defamation confront individuals with having to pace a dollar value on their reputations. You may be able to recover your costs against the other party if you win, however you may not and end up paying their costs. Due the rise of media and the internet, the risk of defamation becomes greater and although most people continue in ignorance, defamation can never safely be ignored by publishers.

Complex questions arise. Does an article loaded onto a web server in the USA about an Australian citizen come under USA law or the law of the Australian state where the Australian citizen resides? This was answered in Dow Jones & CO Inc v Gutnick [2002] HCA 56.

In 2006 uniform defamation laws in addition to the operation of the common law came into effect. Jurisdictional issues in respect of bringing litigation against others have been curtailed by the uniformity of defamation legislation.
The defence of truth will now prevail across Australia and it will be a defence to the publication of defamatory imputations if the defendant can prove the matters are substantially true. Publication, identification and defamatory meaning are the cornerstones of defamation. The new laws do not define what defamation is or how it should be interpreted - that is up to the Courts applying the law.

Where does defamation often arise? Investigations, court proceedings, allegations, rumours, contradictions, photographs, questions denials and comparisons, humour, ridicule and business reputations are amongst common areas that raise the defamation question. Privacy is an emerging greater concern due to the level of invasive technologies and information systems. How do you know your privacy is the dominant principle when defamed? There arises the need for legal representation and timely advice.

People can solve their defamation problems by resolving matters before going to court. Offers, apologies, mediations and arbitration are alternatives to litigation. Defences to defamations are both complex and simple: truth being a simple defence, qualified privilege and fair comment often complex and arguable. Innocent disseminations, honest opinion and protected reports are other categories of defences.

The damages resulting from defamation cases are noteworthy for their notoriety in the media – often front page news after large cases are determined. Alternative remedies to money are interlocutory injunctions, account of profits, declarations and counter publicity. Further there are rights of reply, correction orders, striking out proceedings and summary judgment.

The next commonly publicised fact: the costs order. Be aware: the principle you stand up for may cost the other parties legal fees. Good legal advice can assist you in determining the risks and benefits of your position.

We are available to conduct you matter and offer the strength of skills when negotiating and always looking for remedies prior to launching into a protracted court case.