When a person makes abusive statements against another person that causes harm to that person’s reputation, it is known as defamation. Defamation can be done in two ways. When it is done by a verbal statement, it is known as defamation slander and when it is published or in writing it is known as libel. Publication involves the posting of abusive remarks on the internet. Individuals, public figures and businesses can be a victim of defamation. According to a study during 2013-2017, 21% of the plaintiffs in defamation cases were public figures and 25.9% were media companies.
There is defamation law to protect and defend for defamation of character in Perth that could dismiss the plaintiff’s claim in entirety or make it weak. You can get a defamation lawsuit dismissed without a trial or reduce the amount of claim the plaintiff would recover. Here are 5 steps for defending character defamation in Perth:
- Absolute defence, absolute privilege and qualified privilege
In a defamation lawsuit, the truth can provide you with absolute defence. If the statement is true for which defamation lawsuit has been filed and if that can be proved, then the court will dismiss the plaintiff’s claim. The court cannot take any legal actions for speaking the truth even if it is unpleasant. Absolute privilege can also protect someone from being sued for defamation of character. Statements or comment made in a particular environment that is privileged is not considered defamatory even if it is negative. Absolute privilege can be claimed by judges and legislators.
For example, statements made in a court by lawyers, judges and eyewitnesses get the complete privilege. Since vigorous advocacy from lawyers and factual testimony from witnesses are encouraged, no legal action is taken for statements made in those perspectives. The qualified defence is another type of defence which defends the press from defamation lawsuit unless they publish malicious statements.
- Public interest
Another defence is when someone makes a fair statement related to a subject of public interest. When a statement is made about the actions taken by a school board it may be protected as there is strong public interest about the actions taken by the school board. Whether you are eligible for this kind of defence would depend on the subject and the circumstances in which the statement has been made.
- Prove consent
There is no defamation if it can be proved that the plaintiff consented to the statement in an interview or through a written statement. The consent should be in writing. Such consent is difficult to prove if it is given by the plaintiff in the absence of any witness.
- Publishing the statement
If you made a statement against someone or wrote it but did not publish it or communicate it to anyone else, a defamation lawsuit will not be applicable. In such a situation, there must be a person who makes the statement and a third party who comes to know about the same.
One of the defences that can be raised is an opinion. In situations where it can be proved that the statement was just an opinion or not a factual one, it will not be defamatory. There have to be factual statements and mere opinion will not be determined as defamatory. For example, political cartoons are considered as opinions but not facts.
When can you file a defamation claim?
If you have been defamed by someone and you want to claim defamation, then you need to prove the following.
- The defendant reported to the third party a comment or publication that contained abusive material.
- You were adequately identified as the plaintiff in the comment or publication
- The implication of the comment or publication was abusive
- The defender cannot rely on any of the available defences
- The defender has to be either a person or an organization employing less than 10 fulltime workers.
- You must file the lawsuit within a year from the date on which the comment was made or it was published.
How you take legal action against the defender?
If someone has really caused damage to your reputation and that has harmed you in any way, as the defamation statement was published then it will be considered as a case of defamation of character. When the defamatory statement harms your professional reputation, it is determined as the worst case of defamation. In such circumstances, defamation of character lawyer can help you to file a defamation of character lawsuit against the offending party or the defender and help you win the case. Once the lawyers find that the claim is valid, they issue a legal letter against the offending party accountable for defamation. After that within 28 days, the offender is provided with a proposal of amendment for resolving the issue. On performing the modifications that are requested, the lawyer begins with the case on behalf of the plaintiff. Defamation lawyers study your case thoroughly and you will get the best advice from them. They are very much aware of the negative impact of defamation in your personal and professional life. For this reason, they make sure that people who are subjected to defamation be it personally or professionally gets access to the power of law for justice.
Reasons to seek assistance from defamation lawyers
Whether you are a defender or plaintiff defamation lawyers Perth can help you as they have the experience of dealing with a number of such cases. They have a proven record of defending their clients from various types of defamation cases. The dedicated team of defamation lawyers works in close association with their clients and their bankers, financial planners and accountants so that the verdict goes in their favour. The lawyers are highly qualified and experienced and know the correct application of the law to support their client. They relieve you from all sorts of legal stress and support you to the best possible extent. Since each client has a different situation, they provide clear, efficient and cost-effective legal assistance.
Whether you have been charged for making a defamatory publication or comment or if you are a victim of defamation, you can seek assistance from defamation lawyers.