In today’s society your reputation can be one of your most important assets. It is something you rely on in both your professional and personal life.

Defamation is when someone publishes information to other people that is damaging to your reputation. The information may or may not be true. The amount of people who see the information does not matter. It can be one person or the entire world.

Until recently each state and territory in Australia had their own defamation law. After 2006 a more uniform approach has been adopted throughout all the states and territories. However this does not mean each state and territory has the exact same laws. You should always check the laws of your own state.

The law of defamation can be complex. Its primary aim is to protect your reputation from being damaged. It allows you to take legal action against the person who has published the defaming information. It also allows the court to award you financial compensation for any damage that may have been done to your reputation.

The law of defamation also aims to protect our society’s right to free speech and an open flow of information and opinions. The law provides some defences for people who are being sued for defamation. These include for example that the material published was:

• a matter of public interest and justified as a ‘fair comment’ or ‘honest opinion’ based on sound evidence;
• the truth; or
• permitted because of special privileges for certain information or in certain places such as information given as evidence in a court or statements made in Parliament.

This Legal Guide on Defamation provides people in New South Wales with information about how to avoid defaming others and what to do if someone defames you. It may also be useful for people in other states or territories. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.