Defamation - FAQs
Defamation Lawyers
O’Brien Criminal & Civil Solicitors offer a specialised defamation legal team. Do you think you’ve been defamed? We can help. Our defamation lawyers offer an expert and personalised service.
Our services are affordable. We have also won some of Sydney and Australia’s most prominent civil cases.
Call (02) 9261 4281 for a Free Case Consultation
Defamation - FAQs
Firstly, what is defamation?
Defamation is when someone damages another’s reputation by spreading/publishing false statements. Someone can communicate such a statement either verbally (slander) or in written form (libel). You need a defamation lawyer to either help you take action against someone who defames you. Or indeed, to defend you if you are the alleged defamer.
The guilty party might be a person or business, such as a newspapers, media outlets such as the ABC, or even a government.
Read more about exactly what defamation is here.
What does a defamation lawyer need to prove in a defamation case?
If you want to sue someone for defamation, an experienced defamation lawyer can help you get a successful outcome. The allegedly guilty person must have:
- Shared a false statement about you (that you can prove is false).
- Spread this statement with at least one other person.
- Identified you, either by name or obvious description.
- The statement harmed your reputation.
- Made a statement of fact, not just pure opinion.
- Had some level of fault (depending on whether you are a public figure or a private person).
Is a public person the same as a private individual in defamation matters?
The level of fault is different between private and public figures.
A private individual suing for defamation must prove that the person acted negligently when publishing a statement. For private people, the guilty person must have failed to exercise reasonable care. Basically, they didn’t act as a reasonable person would have.
On the other hand, public figures must prove that the defendant acted with actual malice when publishing the defamatory statement.
I am in a group, can we use a defamation lawyer to sue for defamation?
Possibly, especially if the group is small enough for individual members to be identified.
Am I responsible for reporting someone else’s defamatory statement?
Yes, you are responsible for what you publish, even if it comes from another source. However, there are exceptions for comments posted by third parties on your website.
What defences will a defamation lawyer use when defending someone for Defamation?
Truth:
The most common defence to defamation is the truth. If what is said/written about you is true, then you will not have grounds for an action. For this defence, you need original documents and/or witnesses. Additionally, your sources have to have first-hand knowledge of the situation.
Opinion:
Next is an honest opinion or fair comment. Comedians, reviewers, and critics, commonly use this defence. If someone calls you a liar then they are asserting a fact and that is defamation. But if someone calls you ugly, then they are expressing an opinion and that is not defamation.
Qualified Privilege:
Lastly, is the defence of qualified privilege. This involves a group of people sharing a common interest. If a member of that group shares something with other members for a purpose relevant to the interests of that group then that defence applies. So, if you are a member of an association and someone within that association writes a letter to the association making assertions about you then they may have protection by this privilege.
Other defences for defamation
Public interest:
If the publishers genuinely believed that spreading this statement was in the public interest, there might be a defence. The matter in question must relate to the public interest.
Defamation and apologising:
If someone tells a publisher that they defamed them, (called a ‘concerns notice’), the publisher can try to make things right by offering to make amends. Yet, this does not have to include an apology.
However, if they apologise, it might reduce any damages awarded in a future court case. Basically, the main thing in this offer is promising to publish or help publish a correction to the supposedly false statement. The offer can be specific to certain parts of the content.
Can a defamation lawyer get me an apology?
Yes, a defamation lawyer can get you an apology. This offer is important because it helps resolve issues quickly. If the person who complained accepts the offer, they can’t later take the publisher to court.
If a fair offer is refused, the other side might use this as a defence in court. It can also result in the person who complained not getting their legal costs covered. So, if they don’t accept a fair offer and go to court, they risk losing more. Additionally, publishers can change or renew their offers.
How do you decide if a defamation offer is fair?
In deciding if an offer is fair, the court looks at a few things. For example, a court considers:
- How well they communicated the correction/apology to the public,
- How noticeable it was (like on a page or screen),
- The time passed since the apology,
- How serious the accusations were,
- What the publisher did to fix things,
- And any compensation offered.
When can you not give a defamation offer?
It’s important to know that you can’t give an offer if 28 days have passed since the person complained. However, if too much time has passed, the publisher and the person who complained can still try to settle the issue through talks.
Alternatively, an offer can’t be made if they have already filed defamation claim.
No Win, No Fee Defamation Lawyer
In some case, we might consider running a no win, no fee defamation case. Read more about our no win, no fee cost agreements here. Once we’ve spoken with you, we will be able to give you advice on this.
Defamation cases we have successfully settled on a no win, no fee basis:
- Suing the ABC for defaming an Aboriginal Elder. This resulted in the largest defamation award ever in the Northern Territory;
- Taking action against a prominent magazine for defaming an elderly lady. This resulted in a significant published apology and monetary settlement;
- Suing a variety of newspapers for defamatory comments. This yielded published apologies and monetary settlements;
- A lawsuit against a mining company in relation to a defamatory email. This resulted in an apology and monetary settlement;
- Suing prominent TV news channels for defamatory images resulting in broadcast apologies and monetary settlement.
