When the character of a person is defamed without any substantial reason, it’s termed as defamation of character. Many of you must have heard the two terms ‘libel’ and ‘slander’. Let’s delve a bit deeper and explain the literal meaning of them. Slander basically defines a situation when a person is defamed verbally. On the other end, libel refers to the written mode of defamation. Both the defamations form a crucial part of Australia’s defamation of character law.
An introduction to defamation
When someone makes a fake statement about you, it can impinge both your personal and professional life. When that happens, rest assured that you have become the victim of character defamation. At times, defamation like this can have far reaching consequences on your life. Monetary loss, societal vilification and emotional anguish are some of them. So, make sure you lodge defamation of character lawsuit against your offender immediately.
Protected speech vs. defamation
When someone makes a conventional statement about someone, it cannot be termed as defamatory. Conversely, the moment it’s displayed as a fact it will be considered defamatory by nature. A negative remark comprising a part of public speech isn’t considered defamatory. Even if the topics are somewhat controversial, these opinionated statements are considered protected speech. On the contrary, if the negative remark isn’t true, then it will be considered as a defamatory statement.
Proving a defamation claim via the weapon of truth is not always possible. Then, certain false statements can be optimised in this regard. More importantly, these statements won’t be considered defamatory at all. Noteworthy examples of such statements can be statements made by personnel for investigation purposes. The court of law doesn’t consider these statements defamatory since the officials will perform in-depth criminal investigations. Statements made before the court also fall under the category of privileged speech according to the individual circumstances.
Real world defamation
These are basically defamatory statements made against an eminent public official. Say for instance, a statement which proves that he/she has committed a crime or has been bribed. When this kind of allegation is substantiated as a fact, it’s is considered defamatory by nature. Police immortality or brutality also form an imperative part of real world defamation. False statements concerning sexual molestation or adultery are also regarded as defamatory by nature.
The role of social media
Virtual contents and social media posts have made it difficult for us to differentiate opinionated and defamatory speech. Competent defamation solicitors are striving continuously to amend this particular legal system. Besides, not every other opinion made by people is considered defamatory. Such statements will only be considered social media defamatory when proved through substantial proofs.
Things defamation claimants should prove
When you become the victim of a defamatory statement, you truly feel broken down from inside. Instead of that, you should pluck up enough courage to penalise your offender accordingly. So, make sure you prove some of the things given below without a failure.
- Statement: First of all, you should prove that the statement which was made is completely false. Do make this only if the statement is false. Conversely, if the statement is true then your request for defence will be point-blank rejected. This is because truth is the biggest trump card to defame a person unhesitatingly.
- Culprit: Next, you should prove the culprit i.e. the person who made the defamatory statement about you. You must prove that he/she has defamed you either intentionally or disrespectfully without judging the statement’s true nature.
- Statement Publication: At last, you should prove that the statement is a published one. Publication in a journal or newspaper, online posting and news broadcast are some common examples of this.
So, basically you have to prove the three things stated above. If you succeed you will receive a reasonable compensation as a result. Conversely, if the statement was made to create some even more severe damages, then, it’s entirely a different case altogether. At that point of time, you should prove that a vilifying statement was made to disrepute your actual entity.
Defamation of eminent personalities
It may be the case that you are a famous personality i.e. an official or public figure. Member of a local government, a politician or celebrity are a few prominent examples. If you are one of them, then, you must prove the defamatory statement substantially. In this context, you must substantiate that some truly malicious elements were included in the statement. The reason is the court needs to differentiate the nuances between the various opinionated and defamatory statements made about you.
Evidence required for defamation claims
To prevent your defamation claims, there are certain things which you must prove. These include the exact pictures, words or gestures which finally led to your defamation. In case, verbal words were used, then, try and retain the actual words via substantial evidence. Gather evidence pertaining to the encompassing circumstances. These include the place of the statement, person who made and heard it and when was it was made. If it’s a written statement, then, produce a copy of the same to prove the resultant circumstances.
Reasons to choose the best defamation lawyers in Perth
A team of defamation lawyers in Perth is a team of legal pros with years of experience in defamation. There are various reasons for which clients only choose these defamations of character solicitors in Perth. A few of these reasons can be considered below.
- Top-notch legal assistance: Irrespective of whether the defamation is libellous or slanderous, defamation lawyers, Perth provide premium legal assistance. Ultimately, your lawyer will yield the best outcome of your legal case.
- Versatility: Defamation lawyers in Perth are versatile enough to deal with any kind of defamation case effectively.
- Experience: These lawyers hold vast experience in resolving any kind of defamation case successfully.
- Affordability: The legal professionals also provide their clients affordable legal services.
So, have you been incurred by an unexpected defamation case? If yes, then, hire a defamation lawyer in Perth right now. Be rest assured that your lawyer will ensure the finest verdict of your legal case.