What Is Defamation In Adelaide?
Defamation cases in Adelaide are increasingly in the spotlight, but what exactly do they entail?
Defamation occurs when a statement is made that tends to diminish someone's reputation and may also subject them to hatred and ridicule through libel or slander within Adelaide South Australia. If you have been subject to slanderous, libelous or defamatory comments in print or online, you should contact Matrix Legal Defamation Lawyers straight away. Allowing a problem to fester can seriously impact your reputation and significantly damage your future income and career prospects. Now that search engines, social media and networking sites are part of everyday life, defamatory comments can take a life on their own and have the capacity to spend far and wide, well beyond the intended initial target. Failure to act quickly increases the potential for damage. Stopping any defamation and repairing any damage to your reputation is essential .
Defamation law in Adelaide is designed to protect all Australians from false or damaging statements being made about them that may cause harm to their personal or professional reputation. It enables those who have been defamed to seek compensation for financial and other losses resulting from a defamatory publication of any kind.
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What Does Defamation in Adelaide Mean?
Defamation is a tort – a civil law cause of action. It was developed under common law and split into two different types of claim: liber and slander.
Libel was defamation of an individual in writing, while slander was defamation of an individual through speech.
The distinction between libel and slander was abolished in 2006 when Australia’s States and Territories adopted uniform defamation legislation.
Although there are minor variations between States and Territories, the uniform legislation was adopted to ensure the law of defamation did not unreasonably limit freedom of expression, would provide effective and fair remedies for persons whose reputations are defamed, and promote speedy and non-litigious methods for resolving defamation disputes.
Defamatory material can take many forms including blogs, articles, novels, poems, photos, songs, emails, cartoons, drawings, paintings, online reviews, social media posts, radio & television broadcasts and more.
If you state or spread something defamatory in any public forum, including over the internet, you could be taken to court.
Defamation law aims to strike a balance between permitting the free distribution of information, ideas, and opinions, and protecting individuals and small businesses from having their reputations tarnished or destroyed.
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Suing For Defamation In Adelaide
Within one year of publication of a defamatory statement, an aggrieved individual may bring a defamation claim against a publisher to recover costs for harm sustained.
If a defamatory statement is published only within a particular jurisdiction, such as only in a particular State in Australia, then the law of that jurisdiction applies. So, if the defamatory material is made in a publication, or on a radio broadcast, which is only distributed to Sydney, then only the defamation laws of Sydney apply. If it’s published only in Victoria, then Victorian Defamation laws apply. The same goes for defamation laws in Adelaide, Brisbane, Perth, Hobart, Canberra & Darwin.
Where a statement is published in more than one jurisdiction, such as in a national newspaper, or on a national broadcaster, then the applicable law is the jurisdiction with the closest connection to the harm caused by the publication, applies. For example, if the defamatory comments are published in a national newspaper and the person(s) or businesses being defamed reside or are based in Victoria, then the defamation laws of Adelaide, South Australia apply. The same applies for New South Wales, Brisbane, South Australia, Western Australian, Australian Capital Territory, Northern Territory and Tasmania.
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How To Sue For Defamation Of Character In Adelaide
Individuals are allowed to bring claims for defamation by lodging a statement of claim that contains the wording of the defamatory material. The statement of claim does not include an accusation that the material was false or malicious; this comes out during the process.
Generally speaking, the defamatory claim must be brought within one year of the defamation occurring.
You do not need to prove whether there was any damage to you as a result of the defamation.
If something posted or written about you has more than one defamatory comment, you can bring just the one claim for all of those comments.
While a defamation case is being dealt with, you can seek an interlocutory injunction stating that the material cannot be published until the case is settled, but these are generally harder to get in defamation cases because concerns about free speech become very important.
To claim compensation for reputational damage, you must be able to prove three things:
That the defamatory material was published, and that the statements in the publication are not substantiated by facts
That you or your business were clearly identified in it
That it caused or is continuing to cause harm to your reputation
If you believe you have been defamed, you should seek legal advice as soon as possible to prevent any further spread of the defamatory material.
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1800 950 627
Defending yourself Against A Defamation Claim In Adelaide
If you have been accused of making defaming comments or in posts online it pays to seek professional legal advice from an experienced Defamation Law Firm promptly. Not responding in an appropriate time frame can have equally serious consequences. If you have concerns contact us for professional advice.
It's important to note that the cost and stress associated with bringing a case before court can often be avoided.
Ultimately, if the published material is true, there's no defamation. Some common defences against defamation include:
the aggrieved party is unlikely to sustain any harm to their reputation
the publication was made in a privileged context such as a parliamentary debate, in court or in a tribunal judgment.
the publication was an honest opinion, rather than statement of fact
the publication was of public concern or substantially true
the publication was obligatory for a legal, social or moral reason
the defendant did not know or ought not to have known that the published material was defamatory
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How To Avoid The Risks
If you're a small business or individual with a public profile, it's natural to harbour some concerns about the risks of being landed with a defamation claim. Five golden rules to follow to minimise these risks are:
Be aware of what you’re saying
Only say what you can prove
Use the language of opinion
Convey your meaning clearly
Bear in mind who you’re dealing with
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We Can Help You Protect Your Reputation In Adelaide
We have a long and proud history of protecting our clients from defamation reputational damage. Our caring and capable team can successfully guide you through either bringing a defamation case or defending a defamation claim.
I don’t take on all cases but I assess and see if I can assist and to see If we are a good fit as when I take a defamation case I need to dedicate my time and focus and expertise. I have sued Multinationals, Government’s and all sorts of defendant’s for my clients.
I have acted for CEOs, Celebrities, Politicians, Business People and Every Day Mums and Dads and Workers to help defend their reputation.
We protect your reputation online and recover your identity. We act for defamation proceedings for slander and libel. We act Australia wide for clients and have a team of online defamation lawyers, consultants and barristers at hand.
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Defamation Legal Fees
Our defamation cases are run on a fee for service basis, meaning that fees and costs are paid for as they arise throughout the case. We'll provide you with a costs agreement before asking you to sign anything which outlines our fees and the likely costs involved in your case.
Before we start any work on your behalf, we'll explain to you in detail:
How we calculate our fees
The likely costs involved to prepare and run your case
Any additional costs that may be incurred
Any costs that may be recoverable from, or payable by you, to the other party.
Our fees are never calculated as a set percentage of the compensation you will receive if your case is successful. This is common in the United States, but is not permitted in Australia. You'll only ever be charged for the work we perform for you.