In today’s digital world, a person’s reputation can be damaged in a matter of minutes. Social media posts, online reviews, blogs, news articles and community forums have created unprecedented opportunities for information to be shared. Unfortunately, they have also created new opportunities for false and damaging allegations to spread.
What is Defamation?
Defamation occurs when a publication harms the reputation of a person or eligible business. The publication may be written, spoken, recorded or published online. The key issue is whether the material would cause an ordinary person to think less of the person concerned.
Online Defamation
The rise of social media has fundamentally changed defamation law. Comments on Facebook, Instagram, TikTok, LinkedIn, Google Reviews and other platforms can all potentially give rise to legal claims.
Elements of a Defamation Claim
Generally, a claimant must establish that the material was published to a third party, identified them, and carried a defamatory meaning.
Defences
Common defences include truth, honest opinion, qualified privilege and public interest. Whether a defence applies depends on the circumstances.
Google Reviews and Business Reputation
Online reviews have become a significant source of defamation disputes. Genuine opinions may be protected, however false allegations can create substantial legal exposure.
Concerns Notices
Australian defamation laws generally require a concerns notice before proceedings are commenced. This provides an opportunity to resolve disputes before litigation.
Damages
Courts may award damages for reputational harm, emotional distress and financial loss. In serious cases, aggravated damages may also be available.
Practical Steps
If you believe you have been defamed, preserve evidence, obtain screenshots and seek legal advice as soon as possible.
How EAS Legal Can Help
EAS Legal assists individuals and businesses with online defamation, social media disputes, concerns notices, removal requests, settlement negotiations and Court proceedings throughout Australia.
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