Who can make a claim?
Generally, the law of defamation protects the reputation of individuals not companies or organisations, although businesses may also be able to make a claim. If your business or company has been affected by false statements you have other options.
Generally, an individual (or small business) who can be identified as the subject of a defamatory statement can sue.
However, working out whether the statement identifies you is not always clear. Especially if you are not specifically named. Sometimes your identity is implied by the context of the communication itself. At other times, the audience may be able to infer your identity based on knowledge they possess.
We can help you determine whether you have been identified by defamatory statements and assess your claim.
How long do I have?
Each day, it becomes increasingly easier to communicate information from one person to another. Because of the way reputation damage occurs, it is a good idea to act quickly once you have become aware of defamatory statements made about you to minimise the impact.
Additionally, the Uniform Defamation Law states that a plaintiff (the victim of defamatory statements) must start court action within a year of the date of publication. However, there is scope for extension. If you are unsure of when a communication was made, or whether you can extend the time limit contact us and we can help.
What do I need to show?
If the matter proceeds to court, as the plaintiff, you do not need to prove that your reputation has been damaged, simply that the someone has communicated false information about you to someone else and that is likely to harm your reputation.
However, it is helpful in assessing your claim if you can gather as much evidence of the defamatory statements as reasonably possible. For example, for statements written online you can take screenshots or photos before they are deleted. For oral conversations, keep a journal of what was said, by whom, and who was it said to. If you did not directly see or hear the statements keep a record of how you found out about them.
When contacting us for advice you can provide us with the evidence so that we can help you determine the best strategy to adopt. If you aren’t able to gather evidence of the statements, that is fine. We can advise you on the appropriate options to acquire the required information.