What is defamation law? Which Australian laws govern defamation law in each state/territory.
Defamation law refers to the area of law which deals with claims where individuals believe that their reputation is disparaged due to a publication that is accusatory and/or defamatory in nature. Due to this, the individual often feels shunned from society, may lose income or monetary assets. Examples of high profile defamation claims won involving the internet include Defteros v Google LLC, and Hockey v Fairfax Media Publications Pty Limited, where the plaintiffs’ sued publications that were incriminatory either through the meaning of the words used or through the associated articles when searching the plaintiff’s name.
The laws that govern each state/territory in Australia are listed below.
Tasmania – Defamation Act 2005
Victoria – Defamation Act 2005
Queensland – Defamation Act 2005
New South Wales – Defamation Act 2005
South Australia – Defamation Act 2005
Western Australia – Defamation Act 2005
Northern territory – Defamation Act 2005
Australian Capital Territory – Civil Law (Wrongs) Act 2002, Ch 9.Unlike most claims for damages, defamation does not require a party to prove they have suffered damage or loss in order to be successful.
If you believe you have been defamed then complete our free legal enquiry form or give us a call on 1300 205 955
When can I bring a claim for defamation?
Defamation claims require four, specific elements that need to be satisfied for a claim to be brought to action and for defamation to be proved. Overall, the success of these elements generally require the plaintiff (person bringing the claim) to establish that the defendant (person the claim is against) published a matter that was defamatory in nature and has caused, or is likely to cause, serious harm to the reputation of the plaintiff. The elements are explained more in depth below.
Element 1 – The first element requires the matter to have a defamatory meaning
This can be determined if the matter has caused the plaintiff to be shunned or avoided, where they have been exposed to ridicule by groups in their community. It is not necessary that the matter lower the plaintiff in the estimation of society as a whole. It is sufficient that it would do so in respect of a respectable segment of the community. Furthermore, this defamatory meaning must be referred to by its natural and more widely-known meaning and innuendo can be taken into account. Context of the matter can also inform the defamatory nature of the meaning.
Element 2 – The second element requires the plaintiff to prove that they are eligible to bring a claim
As a general rule, corporations have no cause of action. Eligible persons include individuals and some specific corporations (determined by the Stage 1 Reforms Publication). A group of individuals cannot bring a claim forward unless the group has a legal title (e.g., unincorporated associations don’t have a legal title, or “New Zealanders living in Bondi” do not have a legal title). It is possible for an individual, or each member of the group to bring an action as an individual, if they can prove that they are identified as the object of the defamation.
Element 3 – The third element requires proof that the defendant published the matter
Individuals, the Crown, and all bodies with legal titles may be sued in defamation. Therefore, the defendant can be anyone in a position who can publish matters about the plaintiff. All who publish defamatory matter are liable for that publication. A publication occurs in the place where the matter is made available in comprehensible form. This can include online articles and interviews.
Element 4 – The last element requires the plaintiff to prove that they have endured serious harm to the reputation of the plaintiff
This can include societal shunning/avoiding or serious financial loss.
If you believe you have been defamed then complete our free legal enquiry form or give us a call on 1300 205 955
When can I bring a claim for defamation against internet companies such as Twitter, Google, Facebook, TikTok and other online and offline media companies including TV, Radio, Newspaper, and other print media?
If an internet company has published defamatory material against you and you have proven the four elements required for a claim, you can bring a claim for defamation.
If you believe you have been defamed then complete our free legal enquiry form or give us a call on 1300 205 955
How long do I have to make a claim for defamation?
Defamation actions in all Australian states and territories must be commenced within one year of the date of publication. However, in certain prescribed circumstances, a court may order the extension of the limitation period to a maximum period of 3 years.
Don’t delay! Act today! If you believe you have been defamed then complete our free legal enquiry form or give us a call on 1300 205 955
What heads of damages can I claim in a defamation action and what sort of damages can be awarded in defamation claims?
A successful plaintiff is entitled to compensatory damages and, in some cases, aggravated damages. In assessing damages, the judge must ensure that there is an appropriate and rational relationship between the harm sustained by the plaintiff and the damages awarded – compensatory damages. Aggravated damages are awarded when regarding the conduct of the defendant that is improper, unlawful and is needed to compensate for the additional injury caused by that conduct.
Don’t delay! Act today! If you believe you have been defamed then complete our free legal enquiry form or give us a call on 1300 205 955