Reputation is defined as the esteem in which others hold a person in their community and region, which consists of their standing, character, and worth. It primarily depends on what others think about them in their mind, which opens various avenues that may cause harm or damage to one’s reputation in context.
So, when you are charged with allegations claiming you have affected someone’s honour, it is your right to consult the best lawyers for defamation of character to reinforce your freedom of speech and clarify your intentions.
What are the Laws of Defamation?
The grounds of defamation are governed by the Defamation Act 2005, which states that an action must only be taken if someone’s reputation is at stake due to infamous, false, abusive, and disgraceful information being circulated via publication, blogs, or posts. Verbal slander causing emotional distress and hindering career opportunities is applicable if they are only spoken about in public.
In Western Australia, the Queensland Criminal Code 1899 can also be implemented if the defamation was done with a malicious intent, with no lawful defence, that caused severe damage to one’s prestige. If proven guilty, it can result in imprisonment for a maximum of 3 years, and seeking the assistance of a good criminal defamation lawyer is advised.
Grounds of Defamation Act 2005
The basis of the Act rests primarily on the fact that the defamatory material was published or communicated to at least one other third party. In the case of written evidence, the words speaking about the plaintiff are identified, and the literal meaning of the statement is considered.
Innuendos or the intention behind the statement is irrelevant, and focus is given on whether the publication bears a defamatory meaning that tarnishes the plaintiff’s reputation. In case of verbal accusations, the court relies on circumstantial evidence consisting of memory and credibility, and if no third party has heard and understood that statement, the defamation case is dropped.
Note that if the defamation is based on an article about a deceased person, or the person in question who issued the damaging statements has died, no course of legal action is taken.
Defences Raised Against a Defamation Claim
An allegation of defamation can also affect the reputation of the defendant in public and challenge their credibility. To protect their interests, the Defamation Act provides the following defences:
Justification
If the defamatory imputations are substantially true and presented with strong evidence, such as written records, messages, or credible witnesses, then it forms a solid ground of defence. No gossip, rumour, or hearsay proof is viable under this clause.
Contextual Truth
When multiple defamatory claims are published about the plaintiff, the lawyer needs to sort out the statements that are true in substance. If the minor inaccuracies do not further harm the reputation of the person concerned, a legitimate ground of defence is established.
Absolute Privilege
If the defamatory words uttered or published are part of a course or paper issued by a parliamentary body or the Australian Court or Tribunal and were aimed at promoting free discussion and debates about governance and justice, the defendant is exempted from the defamation case.
Fair Report of Proceedings
If the defendant is successful in proving that the statement in question is derived from a matter of public concern and contained in a fair report in any of the proceedings, it provides a substantial ground for defence.
The proceedings may include a parliamentary body, international organisations of any country, an international conference at which the governments of many countries are requested, the International Court of Justice, a governing body of society, a sport or recreational association, a trade union, or a public meeting held anywhere in Australia.
Qualified Privilege for the Provision of Certain Information
This ground states that if the plaintiff of the defamatory allegation had an interest or an apparent interest in receiving information, and the matter was published or stated in the course of giving such information to the recipient without any malice, a concrete basis of defence is formed. The circumstances, the seriousness, and the distinction between suspicion and proven facts are made before a verdict is passed.
Academic or Scientific Peer Review
If the content of the defamatory allegations was published in an academic journal and relates to a scientific issue, or an independent review of the matter’s scientific merit was conducted before publication, the defendant is exempted from the case.
Honest Opinion
The defendant has to prove that the alleged defamatory article they published was an expression of opinion rather than a statement of fact, supported by proper material. The opinion should be a matter of public interest, and the accused has to submit evidence of acting in good faith.
Innocent Dissemination
This defence applies to individuals who have published the tarnishing article merely in the capacity of an employee, an agent or a subordinate distributor. It must also be proven that the defendant’s lack of knowledge was not due to negligence and that they had no right to exercise editorial control over the content of the statement.
Conclusion
When an allegation of defamation is issued, it affects both the plaintiff and the defendant and puts both of their credibility at risk. To state your grounds of reasoning with clarity and to present your case with efficiency in court, seeking the help of defamation lawyers services in Perth is the best course of action.
