I have been accused of writing defamatory content about a person at my workplace. I fear that I may be sued. Can I be sued? Are there any defences?
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Answer by Neha Sharma, Hillsdale 2036 NSW
- Defamation is unlawful in Australia. If you have been accused of saying or publishing defamatory material about another person you should seek legal advice to discuss any defences that may be relevant to your particular circumstances.
- Since 2006 all states and territories in Australia have uniform defamation laws. In NSW the relevant legislation is the Defamation Act 2005 (NSW). According to the law the following defences against defamation are available:
- Defence of justification – the defendant must prove that the defamatory content of which the plaintiff complains is substantially true.
- Defence of contextual truth – in the case of multiple defamatory imputations the defendant must prove that the most serious imputation is substantially true.
- Defence of privilege – this defence applies if the material published is found to be important enough for publication despite its defamatory content.
- Defence for publication of public documents – the defendant must prove that the matter was contained in a public document or was a fair summary of a public document.
- Defence of report of matter of public concern – the defendant must prove that the defamatory comment was a fair comment on matter of public interest.
- If the information that you have published is untrue then you are unlikely to have any success in proving a defence.