What Is Criminal Defamation?

There is also a criminal defamation offence under the criminal law of Australia. It is criminal defamation when a person issues a defamatory information in public regarding another person to stigmatize his/her reputation despite knowing that the information is false and does this intentionally to harm the other person. In this situation the person with a reputation at stake can file the case for defamation.

The person who believes that his reputation is tarnished is called a ‘victim’. A ‘publisher’ is a person who publishes a notorious statement. One person commits a crime if he/she publish something wrongfully that dishonors the person, whether it is right or wrong.

Claiming For Defamation?

You can file a claim against defamation if you have suffered losses due to a tarnished reputation. In Western Australia the victim is given a years’ time to claim against the publisher under the law of borders. In some extenuating circumstances, the limitation period can be extended. One cannot bring a defamation claim against the deceased person.

Offer To Improve And Apologize

One of the main objectives of adopting uniform law was to provide non-disputed remedies for defamation. In Western Australia, if one harms someone’s reputation, an amendment is a quick way of resolving a defamation dispute.

If you publish something offensive, it is a good idea to always apologize, for forgiveness purposes; an apology cannot be considered as proof, but it can reduce the amount of compensation paid.

If you need legal help, then contact our defamation lawyer Perth, we would be happy to help.

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FAQ's

Criminal defamation occurs when someone intentionally publishes false information about another person, knowing it is untrue and intending to cause serious harm to their reputation. Unlike civil defamation, this offence is prosecuted by the state.

Civil defamation involves the victim seeking compensation or an apology. Criminal defamation, however, is treated as a criminal offence and can result in prosecution, fines, or imprisonment for the offender.

Criminal defamation cases are relatively rare, but they do occur, especially with the rise of social media misuse, malicious accusations, and false online publications.

Absolutely. Criminal defamation is a serious charge. A lawyer can help you understand the allegations, gather evidence, build a strong defence, and protect your legal rights in court.

In some cases, matters may be resolved through negotiations, retractions, apologies, or withdrawal of complaints, depending on the circumstances and the willingness of both parties.