Publication Defamation Lawyer Perth

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  can help you obtain the compensation for your loss.

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FAQ's

Publication defamation occurs when someone publishes a defamatory statement — whether in print, online, orally, or via social media — that harms another person’s reputation. 

No. In Western Australia, you do not need to prove that the publisher intended to harm your reputation. Defamation focuses on whether the material was published, whether it identifies you, and whether it is capable of damaging your reputation. 

Yes. Repeating, sharing, or reposting defamatory content can make you legally responsible for a new act of publication, even if you were not the original author. Each time defamatory material is communicated to another person, it is treated as a fresh publication under defamation law. 

In Western Australia, you generally have one year from the date the defamatory material was first published to start court proceedings. The court can extend this period in limited situations where it is considered fair and reasonable, but extensions are not guaranteed. Because deadlines are strict and evidence can fade quickly, it is important to seek legal advice from defamation lawyers in Perth to be aware of the publication.

If you succeed in a defamation action, you may be entitled to compensation for harm to your reputation, emotional distress, and any financial loss caused by the publication. You may also be able to seek additional compensation if the publisher acted maliciously to cause the harm. In some cases, the court can also order the removal of the defamatory material or issue an injunction to prevent further publication.