The reputation of an individual consists of how others perceive their honour, integrity, competence, and conduct that add to their social value. It is multi-dimensional, covering your moral, professional, and social standing.
So, when an article or blog is published that puts the reputation of the victim at stake, the plaintiff seeks the help of defamation lawyers services Perth to defend their image. In legal terms, the extent of reputational damage is measured by what a reasonable reader or listener would think and is not based on the victim’s sensitivity or personal feelings.
Who Can Lodge a Defamation Complaint?
The defamation complaint can only be submitted by two types of plaintiffs. They are as follows:
Individuals
Under the Defamation Act 2005 (WA), any natural person has the right to sue regardless of citizenship or residency. As long as a person has a legal visa status, they can lodge a complaint irrespective of nationality. Even foreign nationals outside Australia can submit a defamation case if the slanderous article is accessible in Australia.
Excluded Corporations
The model of defamation aims to protect individual reputation and does not allow a large corporation to dismiss or silence criticism. However, small businesses with certain conditions are included because their reputation reflects their commercial survivability in its early stages. According to commercial defamation lawyers Perth, those conditions are:
- Fewer than 10 employees
- Not a public body or part of any government institution
- It is not related to a larger corporation, nor is it a franchisee of a bigger brand.
Where Can Defamation Be Filed?
By the Limitation Act 2005, a court action cannot be commenced against a defamatory publication if one year has elapsed since the publication. Hence, care should be taken to take the necessary steps before the challenging period is over. A defamation complaint can be filed in different courts according to certain conditions, which are stated below:
Civil Defamation
Under the Defamation Act 2005 (WA), the publication is defamatory if it is shared or communicated to one other party other than the plaintiff himself. The material or news must identify the victim explicitly through photos and names or implicitly through description.
The contents of the accused material must bear claims that lower the plaintiff’s reputation, exposing them to ridicule, hatred, and contempt. The defamatory article must also have an impact that causes serious harm or can cause serious harm if left unaltered on social media to be viable in Court.
Then, the plaintiff can lodge a civil lawsuit, which can be submitted to the Supreme Court of Western Australia and the District Court of WA.
Criminal Defamation
Under the Criminal Court Act Compilation Act 1913 (WA), the person may be under criminal charges of publishing defamatory material that can lead to imprisonment of 3 years if found guilty. In this case, the victim must complain to the WA Police with the necessary evidence.
The WA police then assess if the publisher knew the derogatory statement was false or didn’t have any regard to verify the authenticity of his material before generating it on social media. If the intent to cause serious harm to the plaintiff is found, they refer the case to the WA Director of Public Prosecutions. If the DPP decides the prosecution is in the public interest, the State files charges against the media outlet or publication agency.
Steps to Remove Defamatory Content Through Civil Court
When the plaintiff only seeks damage compensation or removal of injunctions that implicate him, without pressing criminal charges against the accused, they have to follow some necessary steps. The outcome of the following procedure is mainly to issue an apology from the publisher or the removal of the defamatory material from social media.
- Preserve Evidence: This is the immediate step to take when thinking of lodging a defamation case. Save full-page screenshots, URLs, timestamps, metadata, and any related correspondence.
- Verify if Your Claim is Valid: Review all the defences the publisher could use to protect their self-interest. Carefully check if your accusation satisfies all the conditions of being defamatory in nature.
- Serve a Concerns Notice: According to the Defamation in Media Law, the aggrieved person must draft a notice in writing, stating where the published article is accessible and its imputations. It must also include the degree of reputational harm that may be likely caused if the implicated article is available on social media, and a digital copy of the defamatory material. The concerns notice is then submitted to the author, editor, or media company responsible.
- Offer to Make Amends: The publisher has 28 days to make a statutory order to make amends. If the publisher accepts, they must write a compliant order which may include an offer to publish a correction, to apologise, or to remove and amend the defamatory material. If the publisher disagrees with your terms, you can appeal your case in the civil Court.
Conclusion
It is essential to look into the extent of the defamation and the intent behind such implicating articles. Based on that, you have to appeal to the appropriate courts, each of which has different methods to file a complaint. To initiate the process of removing defamation in the media, the guidance of capable law firms is necessary to achieve a favourable outcome.
