Consider that you are scrolling through your social media or a newspaper locally, and you see a statement that negatively slanders your character. You may find yourself scared and anxious about the impact this may have on your position in society. Questions may come to mind: Is this defamatory?
In case it happens to you in Perth, a defamation of character lawyer Perth would help you get a better understanding of the law. Let’s look at the main parts that define defamation, giving you the knowledge to deal with this tough situation.
What Is Defamation in Australia?
Defamation is when an individual safeguards their good reputation against false accusations that damage it. In Australia, the law of defamation tries to preserve the good name and, at the same time, guarantee the right to freedom of expression. For a statement to be defamatory as governed by the Defamation Act 2005 (WA), it should be published, relate to a person, and result in substantial damage to his or her reputation.
It can be done by using a mocking tweet, blog, or news report, and it can turn out to be a setback in an individual’s career and life. This is the reason why one needs a Defamation On The Internet Lawyer in Perth, especially now with the internet spreading misinformation so rapidly.
Let’s break down the three main elements that render a statement defamatory in Australia:
1. The Statement Must Be Published
In order for a statement to be defamatory, it must be a tweet, an email circulated to the team, or a sly remark at a neighbourhood event. The Defamation Act 2005 (WA) does not demand a mass audience; it requires only one third party.
2. The Statement Should Name the Person
The statement doesn’t have to say your name, but it should be clear to others that it’s about you. This can be done by mentioning your name, job, or the situation, making it obvious. For example, if someone writes on a Perth community page, “That café owner on St George’s Terrace is a scam artist,” and people can tell it’s you, it might be harmful to your reputation.
The law looks at how a “normal person” would understand the statement. A good Defamation of Character Lawyer can help see if the statement refers to you.
3. The Statement Must Cause Serious Harm
This is the essence of an Australian defamation claim. Since the amendments to the Defamation Act, which took place in 2021, you must demonstrate that the statement has produced, or will induce, severe damage to your reputation. This could be in the form of losing customers or their friends ostracising them, or their feeling emotional discomfort.
For instance, if someone posts a false review on the internet saying that your Perth business is unethical, resulting in fewer customers, that’s serious damage. Courts look at how the statement influences other people’s opinions of you. Does it bring you down in their eyes, induce ridicule, or cause people to shun you?
Civil vs. Criminal Defamation
Most defamation cases in Australia are civil, meaning they are about getting money for harm to someone’s reputation. In Western Australia, however, criminal defamation is a dangerous but uncommon offence.
When a person gives out wrong information unknowingly or intends to injure badly when he knows it is not true, he may be guilty of a misdemeanour and convicted to a jail term not exceeding three years or a fine of not more than $12,000. You can get assistance with regard to this complex issue by consulting a criminal defamation lawyer Perth.
Time Limits and Taking Action
Timing is very important in defamation cases. In Western Australia, you have one year from when something is published to make a claim, according to the Defamation Act 2005 (WA). In special cases, this can be extended to three years if you couldn’t sue sooner.
You must send a Concerns Notice before going to court, which gives the other party 28 days to respond with an offer to apologise or pay compensation. This rule, from the Defamation Act, encourages settling disputes without going to court. A Defamation Lawyer in Perth can help you create a strong Concerns Notice to improve your chances of success.
Conclusion
If you’re not sure if a comment about you is defamation, ask yourself these questions: Was it shared with others? Does it talk about me? Has it harmed my reputation? A yes to these questions means you need to speak with a lawyer. Facebook, in a newspaper, or even just a chat, defamation lawyers Perth can assist you in defending your reputation. False claims should not rule your life. Act and look into your opportunities now.
To get more assistance, consult a good defamation lawyer who can help you analyse your case and find the best possible solution.
