Defamation
4. Defaming Someone Else
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Jul 2015
- If you are being sued it is important to review the content which the other side is claiming to be defamatory:
- is the content damaging to their reputation? Remember that just because the content may be insulting, annoying or false does not necessarily mean it is damaging to their reputation;
- can the person claiming to have been defamed be identified; and
- was the content published to a third party.
- If you answered yes to the three questions above you may be guilty of defamation. However there are several defences which you can raise to protect yourself. The following is a very brief summary of the legal defences:
- Truth: it is not defamation if the content can be proven to be substantially true;
- consent: it is not defamation if you can prove that the other side authorised you to publish the information;
- triviality: it is not defamation if the content published was so trivial that the other side is unlikely to be harmed;
- absolute privilege: it is not defamation if the content was published within court proceedings, in court documents or spoken by witnesses in court;
- qualified privilege: it is not defamation if the content was published for certain recognised public purposes and was published without the intent to defame;
- protected reports and documents: it is not defamation if the content was contained in a public document or report;
- fair comment or honest opinion: it is not defamation if the published content relates to a matter of public interest supported by sound knowledge or evidence; and
- innocent publication: it is not defamation if you can prove that you did not know that the content would be defamatory.
- Once you have considered all these defences you must decide how you want to reply to the claim against you. There are several options:
- you can apologise to the other side and see if they would like you to correct or retract the published content. If you offer to make amends and they do not accept it you can use this to aid your defence in court so long as the offer is reasonable;
- settle the matter outside of court; or
- defend yourself in court.
- If you wish to defend yourself in court it is best to seek legal advice as to how to go about this. Your lawyer will be able to help you develop your arguments and explain the precise legal details of each defence. Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
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