Can I Sue for Defamation?

Ashley Cronin

If someone has made a statement to a third party, which makes them think less of you or has exposed you to ill feeling or ridicule, you may be able to bring an action for defamation.

Defamation is becoming an increasing problem in the age of social media and online communications. Not only do online forums have the capacity to publish defamatory comments to a potentially larger audience, but they tend to create a false sense of security giving users the boldness to post things that they would not otherwise say.

When can I take legal action against someone for defamation?

In short, to establish defamation you need to be able to prove 3 things:

1. that someone communicated information to at least one other person;

2. that the communication clearly identified you; and

3. that it makes others think less of you, tarnishes your reputation or exposes you to hatred, ill feeling or ridicule.

In the online environment, this means that both the person who posted a defamatory comment, and the administrator or moderator of the page on whom the comment was posted, can be held liable for defamation.

In certain cases, depending in the circumstances and the nature of the publication, a person may be able to defend your claim. For example, where the defamatory statement is made in the course of court proceedings, the defence of ‘absolute privilege’ will protect the person who made the statement.

What should I do if someone has defamed me?

1. The first steps you should take if you believe someone has defamed you is to obtain and preserve evidence of the publication. For online publications, this may involve printing or screenshotting the relevant post. If it was verbal, obtain a signed statutory declaration from the person to whom it was communicated. If it was published in a newspaper or magazine, keep an original copy.

2. Ensure that you record the time and date of the publication, and the context in which it was made.

3. Collect records and evidence of any damage you have suffered to your personal or professional reputation and any financial losses that you have incurred.

4. Seek legal advice. An experienced defamation lawyer will be able to tell you whether your action is worth pursuing (having regard to any applicable defences) and help you to decide what remedies to seek and the most cost-efficient means of obtaining them.

If you believe you have been defamed by someone, talk to Ashley or Stacey about how we can help to restore your reputation and obtain the appropriate compensation.

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