Defamation is the publication of false information that damages a person and/or business's reputation. Defamation can take many forms, such as written material, online posts, pictures, or even verbal statements.
To establish a defamatory claim, the defamatory material must meet specific criteria.
These include:
1. The material must be Defamatory
2. The Defamatory Material Must Have Been Communicated to a Third Party
3. The Defamed Person Must Be Identifiable
4. The Harm Must Be Serious
In NSW you it will be required to show that a defamatory statement causes serious harm to your or your business’s reputation.
Ultimately it is a matter that the court will determine whether or not the harm is serious.
These include:
1. The material must be Defamatory
2. The Defamatory Material Must Have Been Communicated to a Third Party
3. The Defamed Person Must Be Identifiable
4. The Harm Must Be Serious
In NSW you it will be required to show that a defamatory statement causes serious harm to your or your business’s reputation.
Ultimately it is a matter that the court will determine whether or not the harm is serious.
What are the defences in defamation in NSW:
You can defend a case against you in defamation, some common defences are:
Justification: If you can prove that your communications are true in substance or not materially different from the truth, you can rely on this defence.
Honest Opinion: To establish an honest opinion defence, you must prove that the communication was an expression of your opinion (rather than fact), that the opinion was a matter of public interest, and that it was based on proper material.
Public Interest: This defence aims to assist journalists and media organizations in publishing matters of public concern or interest without the threat of a claim.
Innocent Dissemination: If you publish something that is written or created by someone else and you can prove that the communication was based on proper material, you can rely on the "public interest" defence.
The first step in a defamation case is
to issue a Concerns Notice
If someone has made a defamatory publication about you,
the first step is sending them a concerns notice.
What is a Concerns Notice?
A defamation concerns notice is a formal written notice to the person who published the defamatory material.
A concern notice puts the publisher on notice that their published statement is defaming you.
A concerns notice is prescribed in section 12A of the Defamation Act 2005 (Qld), and says:
(1) For the purpose of this Act, a notice is a “concerns notice” if –
-
(a) the notice –
- (i) is in writing; and
- (ii) specifies the location where the matter in question can be accessed (for example, a webpage address); and
- (iii) informs the publisher of the defamatory imputations that the aggrieved person considers are or may be carried about the aggrieved person by the matter in question; and
- (iv) informs the publisher of the harm that the person considers to be serious harm to the person’s reputation caused, or likely to be caused, by the publication of the matter in question; and
- (v) for an aggrieved person that is an excluded corporation—also informs the publisher of the financial loss that the corporation considers to be serious financial loss caused, or likely to be caused, by the publication of the matter in question; and (b) a copy of the matter in question is, if practicable, provided to the publisher together with the notice.
Requirements for a Concerns Notice
Therefore, following section 12A of the Defamation Act, the requirements for a concerns notice are:
- 1. The concerns notice must be in writing.
- 2. The concerns notice must include the location of the publication.
- 3. The concerns notice informs the publisher about the defamatory imputations.
- 4. The concerns notice must outline the serious harm caused.
- 5. The concerns notice should include a copy of the publication (if possible).
If your reputation has been damaged by another person(s) or you have received a concerns notice contact Houston Defence Lawyers on 1300 023 349.
We are dedicated to protecting clients' rights and reputation. We bring years of experience and expertise to defend cases vigorously, aiming for positive successful outcomes. With a skilled team in advocacy who provides strong support and guidance throughout the legal process. Our first consultation is free.
