Overview

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.

Our Legal Guide on Defamation provides members of the public with information about how to avoid defaming others and what to do if someone defames you. 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 who specialises in Defamation law.

Please select below from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

How a lawyer can help?

There are three main situations when you might need a defamation lawyer.

You have been defamed: A lawyer can help when you think your reputation has been damaged by someone else’s published content. The content must be damaging to your reputation. A statement which merely hurts your feelings or makes you annoyed is generally not defamatory. A defamation lawyer will be able to advise you whether the content is likely to satisfy this test and the appropriate steps to take.

When someone claims you have defamed them: The second situation is when someone claims you have published content which has the potential to damage their reputation. In this case a lawyer can advise you about any arguments you can raise in your defence and how to mitigate (lessen the damage from) any claim made against you.

When you are publishing questionable material: The third situation is when you want to make sure that something you want to publish will not be defamatory. A defamation lawyer can review your work for potentially defamatory statements and advise you whether to leave the statements or information out or change the way it is presented to avoid a defamation suit against you.