In the world of online communication, social media has made itself a stronger tool for Worldwide expression and engagement. Nevertheless, this evolved connectivity tool has brought a set of challenges along with it. Particularly, it had its hands full with social media defamation law in WA.
Social media platforms have been subjected to a lot of scrutiny due to them being host to many defamatory statements online. Whether such statements are taken from an online video, tweets, or other sources, they can have a negative impact on someone’s career and personal life.
When the scenario encircles an organisation or a company, such statements can cause financial harm to the company and the employees working there.
Irrespective of whether such statements are made with a malicious motive or not, if, in the last 12 months, such statements are made towards you, it might be possible to bring a claim against them under the law.
Does The Number Of Audiences Matter?
Harmful narratives, misinformation, and false statements spread faster than light in social media. While a statement shared with a larger audience might have a greater impact, it is not at all the only contributing factor. A defamatory statement made in a small group on Facebook containing a small yet relevant audience causes just as much damage as a statement made in front of a large yet irrelevant audience.
Things You Can Do Against An Online Defamatory Statement
Before you delve into the legal proceedings, you should take the time to try contacting the poster of the defamatory statement. Upon contact, you can demand a detailed apology along with the withdrawal of the defamatory statement. Furthermore, you can also seek clarification and compensation for the damages it has caused.
If the poster does not comply, you can then proceed with the legal actions. Get yourself a top social media defamation lawyer in Perth and discuss all the happenings with them. After that, you can seek an order for the damages and other remedies. You can also seek a judicial order to prevent the repetition of such a defamatory statement.
You should know that most of the social media platforms have a set of laws and regulations against defamatory statements made on the social media platforms. Therefore, you can contact the authorities at an early stage and ask for a withdrawal of such statements as they violate the policy and guidelines of the platform.
Based on the case facts, it can be advantageous to consider other legal proceedings, such as breach of confidence, misuse of private data, and data protection claims. Of course, you should consult with your lawyer first.
Can You Have Any Kind Of Defence Against Defamation?
Truth is one of the strongest weapons in your arsenal against defamation law. However, at certain times, it can be a little difficult for the defendant to prove the truth of the statement. In such scenarios, a defence of ‘honest opinion’ can be the next option for the defendant. However, that also needs to comply with a lot of vital conditions, and it can be defeated if there is any proof of malice. This is why it is advised to seek assistance from defamation Lawyers Perth WA.
There are still other defences against defamation statements. However, the availability of those depends on the kind of case. The lawyers you will have by your side will discuss the availability with you.
After The Discovery Of A Defamatory Statement, What Primary Actions Can You Take?
Here are some of the initial actions you can take that can help you with the legal proceedings:
- Gather evidence as much as you can. You never know the shenanigans of social media. A post can be deleted in mere seconds. Take screenshots of the statement that contains the date of posting and time.
- It is advised that you do not have any sort of contact with the person who has made the defamatory statement against you unless you have rehearsed it with your defamation claim Lawyer in WA.
- Draft a strategy with your lawyer right away against the defamatory statement.
Wrapping Up
Defamation statements online can take a toll on you, especially if it is your first time experiencing it. While it can be difficult to keep your cool in such a scenario, it is highly advised as only with a clear head can you combat and take legal action against it.
