The publication of a statement or information that harms the reputation of an individual is generally known as publication defamation. The person responsible behind the damage can be sued and he cannot save himself by showing that his intentions were not to dishonour or insult the person.
Publishing certainly includes traditional forms, such as the books, newspapers, and magazines, oral commentary and internet (social media) these days. For legal action and claim in the case of insult or defamation the defendant must have published abusive information about the plaintiff.
Damage from defamation:
The compensation for defamation will depend on the nature and gravity of the defamation caused by the plaintiff. This also depends on the spread of infamy material, the situation in the life of the parties and the circumstances of the matter.
A small company employee, who authorizes an illicit media release, can be litigated in addition to the person who wrote the media release.
Mitigation of Damages under Section 38 of the Defamation Act 2005 (WA):
- Less than justification for evidence
- The absence of malice
- Apology on the occasion as soon as possible
- Fasting by the plaintiff
- Bad reputation of the plaintiff
If your reputation has been defamed by anyone, our Defamation Lawyers Perth can help you obtain the compensation for your loss.
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