Defamation in Victoria involves the publication of material that harms an individual's reputation by causing others to think less of them. To establish defamation, the following elements must be proven:

• Publication: The material was communicated to at least one person other than the plaintiff.
• Identification: The material refers to the plaintiff, either directly or indirectly.
• Defamatory Meaning: The material is likely to damage the plaintiff's reputation.

It's important to note that defamation can occur through various mediums, including written statements, spoken words, images, or online posts.

Several defences can be invoked against a defamation claim in Victoria, including:

• Justification (Truth): Proving that the defamatory statements are substantially true.
• Absolute Privilege: Applies to statements made in specific contexts, such as parliamentary proceedings or judicial hearings, where freedom of expression is paramount.
• Qualified Privilege: Protects statements made without malice on occasions where the publisher has a legal, moral, or social duty to make the statement, and the recipient has a corresponding interest in receiving it.
• Honest Opinion: Applies if the statement is a genuine expression of opinion rather than a statement of fact, and relates to a matter of public interest.
• Triviality: Applicable when the plaintiff is unlikely to suffer any harm from the publication due to its trivial nature.

Each defence has specific criteria that must be met, and their applicability depends on the circumstances surrounding the publication.

Under the Defamation Act 2005 (Vic), for a defamation claim to be actionable, the plaintiff must demonstrate that the publication has caused, or is likely to cause, serious harm to their reputation. For corporations, this translates to showing serious financial loss. This threshold aims to prevent trivial claims from proceeding to court.

In Victoria, individuals and certain corporations can sue for defamation. Specifically:

• Individuals: Any person who believes their reputation has been harmed by a defamatory publication.
• Corporations: Only those with fewer than 10 employees and not affiliated with a larger entity, or non-profit organizations, are eligible to sue for defamation.

Government bodies and larger corporations are generally excluded from pursuing defamation claims.

A concerns notice is a formal written notification sent by an aggrieved person to the publisher of allegedly defamatory material. It outlines the specific defamatory imputations and the serious harm caused or likely to be caused. Serving a concerns notice is a prerequisite before initiating defamation proceedings, providing an opportunity for the publisher to make amends, such as issuing an apology or retraction.

Victims of defamation in Victoria may seek several remedies, including:

• Damages: Monetary compensation for harm to reputation, emotional distress, and any financial losses incurred.
• Injunctions: Court orders preventing further publication or mandating the removal of defamatory material.
• Apologies and Retractions: Formal acknowledgments of wrongdoing and corrections of the defamatory statements.

The specific remedies awarded depend on the case's circumstances and the severity of the harm caused.

The limitation period for initiating a defamation lawsuit in Victoria is one year from the date the defamatory material was published. In certain circumstances, this period can be extended up to three years if the court deems it just and reasonable to do so.

Recent amendments to Victoria's defamation laws, effective from July 2021, introduced significant changes, including:

• Serious Harm Threshold: Plaintiffs must prove that the defamatory publication caused or is likely to cause serious harm to their reputation.
• Public Interest Defence: Publishers can defend defamatory statements by proving they were matters of public interest and published responsibly.
• Single Publication Rule: The limitation period starts from the first publication date, even if the material remains accessible online.

These reforms aim to balance protecting reputations with freedom of expression, especially in the digital age.

Yes, online comments and social media posts can be defamatory if they meet the criteria for defamation. The instantaneous and widespread nature of online publications can amplify the harm caused, and courts have recognized that defamatory material published online is subject to the same legal principles as traditional media.

If you believe you have been defamed, consider the following steps:

1. Seek Legal Advice: Consult with a legal professional experienced in defamation law to assess the strength of your case.
2. Preserve Evidence: Save copies of the defamatory material and document any harm suffered.
3. Issue a Concerns Notice: Serve a formal notice to the publisher outlining the defamatory content and the harm caused, providing them an opportunity to respond or retract the statement.
4. Consider Alternative Dispute Resolution: Explore mediation or negotiation to resolve the issue without court proceedings.
5. Initiate Legal Action: If other measures fail, you may proceed with filing a defamation lawsuit within the applicable limitation period.

Each case is unique, so it's essential to obtain tailored legal advice.