Defamation occurs when someone communicates (publishes) information about you to at least one other person, and this information is untrue (defamatory).
What is a Publication?
For defamation purposes, a publication is a communication of information from one person to at least one other person.
Communication includes written or spoken words, photographs, videos, images, and gestures. Further, the publication does not need to involve mass media (news articles, online comments, public speeches etc) but also apply to personal conversations, emails and letters, text messages and so on. The law of defamation covers all these forms of communications. The person or organisation who made the false statement about you is called the publisher (regardless of whether they are a publisher in the ordinary sense of the word).
When is a publication considered defamatory?
If the information that is communicated (published) about you is false or substantially untrue and the information is likely to lower a person’s reputation it is generally considered defamatory. Defamation is not limited to what is directly said but can also apply to the meaning that is implied by the communication. The defamatory meanings of the communication are referred to as imputations.
These imputations are assessed objectively. This means that it doesn’t matter whether the publisher meant to say or imply the imputation. Instead, the court looks at what the “ordinary reasonable person” who understands the context would take as the meaning.
What can you do?
If you are being defamed it is important to act quickly to prevent the spread of false information. In the first instance, we would encourage you to seek settlement. You can pursue options such as seeking a public retraction, an apology, an agreement to stop further defamatory statements, and in some cases the payment of money for damages.
If a settlement is not forthcoming, and you wish to take the matter further, you can initiate court proceedings. The courts will generally award monetary compensation if you can demonstrate that your reputation has been damaged as a result of defamatory publications.
If your business or livelihood is affected you may have other options. See Options for Businesses.
We can help you navigate your options. As specialists in the field, we are aware of the sensitive nature of these disputes and adopt a modern, understanding approach directed at getting you the outcome you want.
