Reputation Protection & Crisis Response Lawyers Melbourne

Here's what the law requires you to prove before you can bring a defamation claim. As of July 2021, Victorian law requires that the defamatory material has caused, or is likely to cause, serious harm to the plaintiff's reputation. This ensures that only significant cases proceed to court.

Yes, content shared on social media platforms can be defamatory. Individuals are liable for their posts, comments, and shares. Given the rapid dissemination on these platforms, defamatory statements can cause widespread harm quickly.

In Victoria, only certain entities can sue for defamation:

• Individuals.
• Not-for-profit organisations.
• Small businesses with fewer than 10 employees.

Larger corporations are generally excluded from making defamation claims.

The concerns notice is a step many people don't know about — but it's mandatory before you can sue. A concerns notice is a formal notification sent to the publisher of the defamatory material, outlining the alleged defamation and seeking remedies such as an apology or retraction. Serving this notice is a prerequisite before initiating defamation litigation.

Here's what we advise our clients to do proactively to protect their online reputation:

• Regularly monitor online mentions of your name or business.
• Address defamatory content promptly by contacting the publisher or platform.
• Seek legal advice to understand your rights and potential remedies.
• Engage in positive online activities to bolster your reputation.

Common defences include:

• Truth (Justification): The statement is substantially true.
• Honest Opinion: It's a genuine opinion rather than a factual assertion.
• Qualified Privilege: The publication was made in a context warranting protection, such as providing a reference.
• Public Interest: The material concerns a matter of public importance.

Introduced in July 2021, the single publication rule stipulates that the one-year limitation period for defamation claims begins from the date the material was first published, regardless of subsequent publications. This addresses challenges posed by online content.

Remedies may include:

• Damages: Monetary compensation for harm suffered.
• Injunctions: Court orders preventing further publication of the defamatory material.
• Retractions or Apologies: Public statements correcting the defamatory content.

Here's the plain English test for whether something is defamatory. A statement is considered defamatory if it:

• Exposes an individual to hatred, contempt, or ridicule.
• Causes others to shun or avoid them.
• Lowers their standing in the eyes of society.

The material must be communicated to at least one person other than the subject.

Here's a clear definition of what defamation actually means. Defamation involves the publication of material that causes serious harm to a person's reputation, leading others to think less of them. This can occur through various mediums, including spoken words, written statements, or digital content.