If you think that people are spreading lies about you on social media l and the lies can damage your image, you need to take action. It is said that some lies have the potential to taint the image of individuals. In this case, you have the right to sue that individual spreading lies about you and get compensated for the damages caused.
These types of crimes are usually known as defamation, and you can also take action against those people if the lies have caused people to despise, ridicule, or avoid you. To learn how to deal with defamation of character, read the blog below to gain valuable information.
What is Defamation?
As per the law, defamation is the act of spreading false rumors that has the potential to harm the reputation of another person. You can find defamation in two forms, namely slander and libel. Libel defamation is a form of a written statement, while slander is an inappropriate oral form of defamation statement.
You will be able to earn more compensation if an individual has defamed you via writing compared to you being defamed through an oral statement. This is because a written statement like that of a publication in the newspaper is permanent and can cause more damage.
How Do You Act Accordingly?
In such cases, proving to the law that someone has spoken or written false things against you is not easy. Many people abandon their defamation cases and do not receive justice as they cannot prove the accusations. This is why in the words of experts, you will need the help of the best suing defamation lawyers.
The first thing you can do in such a case is within the first year after the release of the defamatory material; you must start acting. After this, you must prove that the material is false, is harmful to you, and is also published.
Why Does the Material Need to be False?
The material needs to be false, or it will not make sense to sue an individual for defaming your image if the person was only speaking the truth. Another essential thing you need to keep in mind is to show that the material is published, and this does not necessarily mean that the false material will be printed in a book.
It only indicates that the third party (the other person and the guy who made the defamatory statement) saw or heard the material. As per the new social media laws in Australia 2022, you must also show that the material has damaged your life considerably. You might be suffering some kind of loss in your business or have become a laughing stock for people around you.
Defamation damages are currently around $355,000, but the big truth is that the compensation will depend on the damage you receive. You can get compensated for special damages, general damages or aggravated damages. General or compensatory damages can compensate for hurt feelings or your reputation loss.
Special damages for online defamation of character can help compensate for business losses, while aggravated damages can be awarded when the court decides the relevant statement was made out of malice. The statement might also be deliberate or made due to ill will towards you.
Defamation is usually considered the spreading of something or saying something false and can damage the reputation of a person or a brand. In New South Wales, you can claim compensation for the damages caused to your brand or reputation if you or your business has been defamed. For this, you need to learn how the defamation rules work.
How Do Defamation Rules Work?
For this, you need to know about defamation of character in Australian law. The first thing is someone needs to slander or defame you. They can write something bad about you on the internet or spread lies about you in the workplace. What these people say can be legally considered an imputation. Three things need to happen for it to be called an imputation:
- The imputation needs to be false and not be allowed under the rules. These rules or situations can apply to some people who escaped unscathed by saying bad things about you. For instance, journalists usually get away with saying illegal things more than people, as what they say is in the public interest.Another example of this can be your boss doing a performance review of you where they might tell you things that are not much flattering. Keeping defamation on the internet in mind, you must know that people can say things about you if they are true. But if the words spoken are untrue and against the rules, there can be a case of defamation for you.
- The imputation cannot be mere verbal abuse, and this is because both abuse and defamation are not okay. Many people take abuse less seriously. An example of this can be: Mr. John runs a restaurant; if you make a statement like “Mr. John is a complete idiot”, people may think you are angry with the owner. But if you make a statement like “Mr. John does not use fresh food”, and it is a lie, it can make a defamation case. The first defamation you made about the person calling him an idiot might have a little effect on the person, but the second statement will surely anger the person as no one likes to eat unfresh food.
- The defamer must defame you to an audience, and this is important in the case of online defamation laws because this can help show the extent of the damage. For instance, if an individual defames Mr. John to another individual and it ends there, the damage will be limited to only one person. If people defame Mr. John in a newspaper that not many people read, the damage done will be limited.
But if that same individual tells the entire industry on social media that Mr John serves bad food in his restaurant, the damage can be more serious and might cause the business to shut down. This can lead to defamation cases, and you may need to pay compensation if the words you said were untrue.
All these three things must happen to you for you to have a case for defamation. If those things happen, you must take relevant steps to build your case.
How to Build Your Defamation Case?
Before you learn about the social media anti-trolling bill 2022, you need to know how to build your defamation case. Take a look at the steps given below:
- The first step you must take is issuing a letter under the defamation act. You can think of it as a cease or desist letter, but the technical name is concern’s notice. This notice lets your defamer know that you have been defamed and the details of what they said. There will also be demands for apology and compensation if there has been major damage.
- If no apology is offered and the behaviour does not stop, you must proceed to court. In such cases, you will take the court’s help to ask the defamer to apologize and clear your name. The court will also ask the defamer to compensate you for all damages caused.
Associate with Defamation lawyer Perth WA
If you want to file a defamation claim, you can take the help of the best Defamation Lawyers Perth. Defamation Lawyer Perth WA is a reputed firm that can provide you with the best lawyers who can handle all the legal steps and ensure that your reputation is restored and that you are compensated for the damages.