A legal claim can be made due to the defamation of character if anyone aims to harm any individual’s reputation by spreading false information which affects their work or personal life.
This law of defamation is an important counter to the right of free speech if it comes off as an aggression. Defamation can be done by both slander or verbal defamation and libel, which is the written form. However, the law of defamation can be misused to make false claims.
Suppose you are at the receiving end of someone making a false defamation claim against you. In that case, there are experienced defamation of character lawyers in WA to provide you with legal advice.
Common Defences Against Defamation of Character
Anyone can fall victim to the defamation of character. If you are faced with a false defamatory claim, which can harm your reputation, you can take legal action. The defender must prove that the grounds under which a defamation of character is claimed are invalid.
Defamation can come in various forms: verbal, written, photographs, comics, or blogs. Online defamation has also become common, given the popularity of social media sites.
If you are falsely claimed to be defaming someone, be it an individual or an organization, it is advisable to take the help of defamation solicitors in WA.
If you face false defamation charges, these are the defenses worth noting.
You can use this defense if your statement is not based on falsity but is an honest opinion. However, here, you will need to prove that it is factual, based on public interest, and show proper materials to confirm it.
Proving an honest opinion works best if it is available in written format. You can refer to relevant links to prove your point. As long as your opinion is honest, you can defend against the false claim. This defense is also called the defense of ’fair comment.’
The Australian law recognizes absolute privilege as part of the Defamation Act 2005. This common law gives any individual in a parliament proceeding freedom of communication. This is an exceptional law that is served to the jurors or judges in these proceedings and states that all statements made by judges, witnesses, and everyone else present are privileged.
A similar rule is also applied to other official conversations among government ministers or courts. Know more about the defense of absolute privilege from the defamation lawyers in Perth.
The defense of triviality is not one of the most used defenses, but it has proved its importance in many cases of defamation in Queensland, New South Wales, and many other states.
It can be established if the defender can prove that their statement has caused no harm or minimal harm. It might also help if the statement is made in a different context without relevance to the plaintiff’s reputation. However, it is to be remembered that the defense of triviality is secured for non-serious cases.
- Defense of Public Interest
The defense of public interest can be taken into consideration based on the seriousness of the statement made. It can be established if the publisher tried to verify the details of whether the statement was published in the public interest, whether the sources of collected information are valid, or if the statement made is relevant to the person’s public performance.
Conclusion
People often weaponize the ‘freedom of speech’ as a way to attack another person or organization. The defamation law ensures that actions are taken against the ones who misuse their right. However, the right to claim for defamation of character is also misused.
Recognize your rights as an individual and collect the necessary proof required. Many of the common defenses against defamation require you to prove yourself since you are accused. Gather the sources of information you have used in your statement as further proof.
If you are facing a wrongful accusation, the top defamation of character lawyers in Perth will be able to provide you with proper guidance.
