Defamation & Injurious Falsehood

For many people, businesses and organisations, their reputation amongst clients, peers and the community is vital. Defamation law aims to strike a balance between providing remedies for those whose reputations are damaged by false and defamatory publications whilst also protecting those who publish true and otherwise protected content.

Recent court decisions and legislative changes have increased the potential liability of publishers, while clarifying and expanding defences to defamation claims.

Whether you are concerned about a publication made about you or are accused of having defamed someone, immediately engaging experienced defamation lawyers can help protect your position and set a strategy to manage the issue.

Whether you are the publisher of allegedly defamatory content or the person, or business, being defamed we can provide clear advice and a legal strategy to defend your position.

With online platforms you may have difficulty sourcing the identity of the publisher, establishing whether the material is defamatory and whether you are recognisable as the person the subject of the publication. We can not only advise on whether content is likely to be defamatory at law, but also advise on ways to identify the publisher and others who may be liable.

Protecting your reputation is essential and false claims or defamatory comments can have significant impacts on your income, standing in the community or business.

Whether it’s through traditional media channels or the various online platforms, we have a proven track record of helping clients secure financial restitution, retraction of comments, injunctions and/or public apologies. We also have substantial experience in defending defamation claims and protecting clients from falsely allegations of defamation.

Our experienced defamation lawyers are here to assist you in determining if potentially defamatory communications are actionable, whether any defences apply and providing guidance on how to resolve disputes. Contact us for any inquiries or concerns you may have.

At PCL Lawyers, our litigation team has significant experience in defamation law and can represent parties in defamation proceedings from the initial response all the way through the court process, if necessary.

Most defamation claims resolve well before a final hearing. Having an experienced defamation lawyer involved from the beginning is essential to ensuring the best outcome possible. There can be multiple ways and outcomes that can be negotiated to resolve the matter and we work with you to ensure that your desired outcome is achieved, with or without court proceedings.

Where you may be aware of potentially defamatory material is due to be published, we can seek to obtain an injunction to prevent the publication.

There are also other options available to you at this stage to prevent or limit defamation. Negotiating a resolution before initiating court proceedings is beneficial and can be a less expensive option.

As costs are often a significant consideration in defamation cases, early steps taken to try to resolve proceedings can be highly beneficial.

In order for a defamation claim to succeed, there must be four elements present:

• There must be evident publication of the defamatory statement to a third party;
• The publication must clearly identify the party about whom the defamatory statement is made;
• The statement made must be defamatory in nature, whereby it causes a reasonable person to “think less of” or form a less favourable opinion of the defamed party; and
• It must be demonstrated that the publication has caused serious harm to the defamed party’s reputation.

Not all reputational damage is actionable and there are various defences available to those alleged to have defamed someone. Before suing in defamation, it is advisable to consult a lawyer, to ensure that the case is viable and any possible defences are anticipated.

Cases involving the publication of injurious falsehoods are often complex and poorly understood by the parties. We often see clients who have been issued letters of demand or even court documents claiming damages for injurious falsehoods, without any evidence that the plaintiff can succeed on their claim. On the other hand, some clients who seek help in responding to an injurious falsehood claim substantially underestimate the seriousness of the allegations and the potentially significant consequences.

While different to defamation claims, claims based on the publication of injurious falsehoods involve the publication of damaging content which causes loss or harm. There are often challenges arising from the need to prove that the publication of the falsehood caused loss or damage to the plaintiff.

When acting for organisations or individuals who have been caused loss by the publication of injurious falsehoods – whether in writing, online, as reviews or by other means – we ensure that all necessary evidence is collated from the very beginning. This ensures that clients can be confident that their claim is well-founded and has the strong prospect of success.

Similarly, when defending against such claims, we carefully analyse the allegations and their factual basis, working with clients to evaluate the claims early and to protect their position.

In order for a claim for injurious falsehood to succeed, the following elements must be established:

• It must be proven that the statement made is untrue;
• The false representation(s) must be published to a third party;
• There must be malicious intent; and
• The false statement has caused the affected party to suffer a detriment or loss and damage.

Injurious falsehood claims are often complex for both parties. Our experienced litigation lawyers can provide expert advice and representation throughout the process, ensuring a clear strategy and the best prospects of a successful outcome.

At PCL Lawyers our defamation lawyers have the relevant legal expertise and offer concise and professional advice. We aim to ensure that each of our clients are well represented and are fully aware of their legal options.

We also can estimate the duration and impact such legal matters will have. The cost and time of defamation proceedings does have a strong bearing on what options you can take to seek a remedy.