It is becoming more common for defamation to occur due to a rise in the use of social media and online forums which encourage people to say things about others.  Where someone publishes a statement online about someone else that is defamatory in nature and other people witness that publication, that can give rise to an action in defamation.  Defamation can also take the form of a verbal statement online or over the radio or broadcast to a group of people in a social setting. 

For an action in defamation to be worth pursuing there must be some loss or damage to the reputation or business of that person.  

​

A company is capable of being defamed providing (a) it was not formed to obtain financial gain for its members; or (b) it employs fewer than 10 people and is not related to another corporation. 

We can assist clients by drafting a ‘concerns notice’ to the defamer and requesting certain action be taken including the retraction, an apology and demand for compensation as appropriate. 

There are a variety of defences to defamation claims which should be considered before any claim in defamation is brought.  They include truth (what was said was in fact truthful), triviality (the matters were so trivial in nature they were unlikely to cause any harm), matter of public concern (Publishers can also make out a defence if they can prove the material was or was a part of, any report on proceedings publicly held in a parliament, court, tribunal, government body or before the Ombudsman). 

​

The Court has the power to award, general damages, aggravated damages, special damages, interest and legal costs if it is satisfied defamation has occurred and the extent of any damages awarded is dependent upon the seriousness of the defamatory conduct. 

If you have been defamed or someone is accusing you of defaming them, please reach out to us for a no-obligation chat.