A criminal allegation published about you can carry consequences beyond the original statement, particularly when others can access and rely on the information. In Western Australia, criminal defamation has specific legal requirements concerning the publication, its truthfulness, serious harm and the publisher’s circumstances. Understanding these requirements can help you distinguish an actionable matter from a statement that may fall outside the law.
This blog explains what may amount to defamation and when compensation may be available. It also outlines steps you can take before proceedings, possible defences, deadlines and practical evidence considerations.
What is Criminal Defamation?
Defamation is a distinct crime that falls under the laws of Western Australia. The Defamation Act 2005 (WA) is the legislation that defines defamation law in Western Australia. This Act provides for the laws surrounding defamation and the remedies available for any harm to one’s reputation. The Act also outlines issues surrounding defamation defences and damages.
In Western Australia, defamation may be committed when the publisher:
- Knows the defamatory matter is false, or publishes it without regard to whether it is true or false
- Intends to cause significant injury to the victim or any other person’
- Has no lawful right to publish
Evidence Can Determine The Strength Of Your Claim
Once you identify the publication, preserve evidence promptly. Evidence must show the publication, time of publication, persons who viewed it and context of the publication. The following could be considered as evidence for criminal defamation cases:
- Screenshots containing the whole publication and context
- Copies of emails, texts, publications or recordings
- Information about individuals who viewed or received the publication
- Lost opportunities, earnings or relations due to the publication
- Proof of requesting rectification, removal or apology
For a detailed assessment of which evidence you need, you can hire defamation lawyers in Australia. They can help you collect documents that strengthen your case and present it to the court.
Consider Possible Defences Before Claiming Compensation
Defamation law protects one’s reputation as well as their right to communicate legally. Defences by the defendant may be sufficient for the case to fall. Depending on the situation, it could relate to matters such as truth, genuine opinion, privilege, matters of public interest, or another statutory defence.
Before commencing proceedings, consider:
- Whether the accusation is substantially true
- Whether the statement is an opinion or a factual accusation
- Whether there is privilege or a statutory defence applicable
- Whether there is another defence depending on the situation
Understand The Concerns Notice and Settlement Process
The concerns notice enables you to outline the defamatory imputations you believe were conveyed by a publication. It allows the publisher to consider your concerns and respond before court proceedings. The notice should clearly identify the publication and the imputations of concern. Depending on the circumstances, the publisher may offer to make amends through:
- Removing or correcting the publication
- Publishing a correction or apology
- Agreeing to pay compensation
- Taking another agreed step to resolve the dispute
Check The Limitation Period Before Taking Action
When you are thinking of pursuing a defamation case in Western Australia, establishing the appropriate period for your case is one of the first steps to take. As a general rule, the action for defamation should be started within one year after the publication date. It would be helpful to maintain an accurate record of the publication date to determine the relevant period. In addition, it will be necessary to consider the specific circumstances of the particular case when determining the period of limitation.
What Should You Do Before Making a Defamation Claim?
Before making a defamation claim, it is useful to review the publication and organise the relevant information. The following actions may be considered:
- Maintain copies of the publication and its surrounding context
- Note when and where the publication took place
- Determine the identity of the publisher and those to whom it was sent
- Maintain copies of any documentation regarding the effect on your reputation
- Consider whether there may be any possible defence by the publisher
- Determine the relevant statute of limitations for bringing a claim
- Seek advice from civil or criminal defamation lawyers regarding your situation and available legal options
Conclusion
Understanding your rights prior to making any claim for criminal defamation may assist you in approaching the situation more efficiently. The nature of the publication, evidence, defences, and timeframe are among the factors that could be considered in Western Australia when pursuing such claims. Careful consideration and documentation of the material at hand are an advisable initial step. If you feel that the publication has damaged your reputation, you may seek advice from civil defamation lawyers in light of your situation. Taking informed steps can help you assess your options before deciding how to proceed.
