Defamation is a legal term for making false statements about a person or an organisation that can harm their reputation.

Defamation can occur in two primary forms:

  1. Libel: Defamation in written or published form, including online content, newspapers, books, and social media.

  2. Slander: Defamation that is spoken or otherwise communicated verbally.

For a statement to be considered defamatory, it typically needs to meet specific criteria:

  • False Statement: The statement must be false. Truth is generally a defence against defamation.

  • Harm to Reputation: The statement must harm the reputation of the person or entity being defamed. This harm can be to their personal, professional, or business reputation.

  • Publication: The defamatory statement must be communicated to someone other than the person it’s about. If only the person defamed hears or reads it, it is not defamation.
When Should You Seek Legal Advice?

You should consider seeking legal advice if:

  1. You Are Being Defamed: If you believe that someone has made false statements damaging your reputation, you should consult a lawyer to understand your legal options. This could involve sending a cease-and-desist letter, seeking a retraction or apology, or filing a defamation lawsuit.

  2. You Are Accused of Defamation: If someone accuses you of defamation, it’s essential to seek legal advice immediately. A lawyer can help you understand your defences, such as truth or opinion, and guide you on how to respond to the allegations.

  3. High Stakes Are Involved: If the defamatory statements have caused or could cause significant damage to your reputation, career, or business, legal advice can be crucial in determining the best course of action.

  4. Online Defamation: With the rise of social media and online platforms, defamatory statements can spread rapidly. Legal advice can help you navigate issues related to jurisdiction, the platform’s policies, and potential remedies.

  5. Public Figures: If you are a public figure or the defamation involves a public figure, the standards for proving defamation may be higher (e.g., proving actual malice in some jurisdictions). Legal advice is important to understand these nuances.

In summary, defamation is a serious legal issue that can have significant consequences. Whether you believe you are a victim of defamation or are accused of it, seeking legal advice can help protect your rights and reputation.

If this article has inspired you to think about your unique situation and, more importantly, what you and your family are going through right now, please get in touch with your advice professional.

This information does not consider any person’s objectives, financial situation, or needs. Before making a decision, you should consider whether it is appropriate in light of your particular objectives, financial situation, or needs.

(Feedsy Exclusive)

Disclaimer: The information contained in this article is general in nature and does not take into account your personal objectives, financial situation or needs. Please consider whether the information is appropriate to your circumstance before acting on it and, where appropriate, seek professional advice.