DEFAMATION AND INJURIOUS FALSEHOOD

With modern technology and the prevalence of social media, defamatory content can spread rapidly and cause significant damage. It has also become more difficult to determine who is publishing the defamatory material. Firstly our Defamation Lawyers will provide you with advice about whether a claim is defamatory at law. If you pursue the matter we are experienced in determining who the publisher and other liable parties are through investigations and obtaining court orders to identify publishers.

We understand the unique challenges of online defamation. Often it is difficult to obtain the cooperation of online publishers and content can go viral, causing damage quickly through the ‘grapevine effect’. Our team has a proven track record of successfully defending businesses against false and harmful accusations. We are also experienced in securing financial restitution, damages, the retraction of defamatory content,  public apologies and in appropriate cases, injunctions.

We have significant experience defending clients sued for defamation. These include clients falsely accused of defamation when they were not involved or not liable, or those who published content but have a viable defence. Defamation law is highly technical area, with several defences available in the right circumstances.

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.

It is also necessary to show that the publication was read, or capable of having been read, in the jurisdiction the claim is being made.

Not all reputational damage is actionable and there are various defences available to resist a claim for defamation. Before accusing or suing a person for defamation, it’s advisable to seek legal advice from an experienced litigation lawyer. This will help to ensure that the case is viable and to anticipate any possible defences.

Trying to resolve a dispute early can be very helpful. Costs are often a big concern in defamation cases. Experienced lawyers will ensure that you reach a satisfactory resolution as quickly as possible.

At PCL Lawyers, our Defamation Lawyers have significant experience in defamation law. We can help parties in defamation cases from the first complaint to court proceedings, if needed.

Different jurisdictions have different requirements and it is important to ensure that initial steps taken are correct, as these can affect the entirety of the case. There can also be important strategic decisions to make when deciding where to commence proceedings or which defences to run in response.

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 are multiple ways forward and outcomes that can be negotiated to resolve the matter and our lawyers will work with you to ensure that your desired outcome is achieved, with or without court proceedings.

Injurious falsehood is a tort, or civil wrong, where compensation may be available when based on the publication of injurious falsehoods involving the publication of damaging content which causes loss or harm. Challenges often arise from the need to prove that the publication of the falsehood caused loss or damage to the plaintiff. Injurious falsehood is not defamation, but the actions share some similarities.

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.

Cases involving the publication of injurious falsehoods are often complex and poorly understood by the parties. Our experience shows that 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.

When acting for organisations or individuals who have suffered 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 best possible prospects of success.

Similarly, when defending against such claims, our lawyers carefully analyse the allegations and their factual basis. We also work to evaluate the claims early and to protect our clients position.

Injurious falsehood claims are often more complex than claims for defamation. Our experienced litigation lawyers can provide expert advice and representation throughout the process. We will work with you to develop a clear strategy to get the best prospects of a successful outcome.

At PCL Lawyers, our defamation lawyers have the relevant legal expertise and offer concise and professional advice. Our clients are well represented and are fully aware of their legal options before and ongoing through any legal proceedings.

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

Defamation occurs (and is not just the high profile) anyone can suffer loss from defamatory comments. Our expert defamation lawyers can help you protect your reputation and provide clear guidance in defamation matters.

To get clarity on your matter speak to one of our defamation lawyers in Sydney today on 1300 795 893.