Defamtation

The publication of unsubstantiated facts that hurt an individual’s reputation or suggest that someone should be shunned avoided, hated, ridiculted, or teated with contempt.

This can take the form of writings, printed media blgo posts, social media statuses and updates, drawings, and verbally speaking.

For something to be considered defamatory, it must satisfy the following:

• Published; The content must have been heard or written somewhere
• Of Dematory Content: The content must cause damage to the other persons reputation.
• To another; The content must have een communicated to another person.
• Identifying a Person; The content must identify a person.
• Without lawful excuse, If there was no lawful reason as to why the content was published.

If you are the victim of defamation, you can ask the person to remvoe the content, issue an apology, or fix the problem (i.e. payment, exchange of goods, etc.)

If you are sued for defamation, there are several defences you can use;

Truth - If the publication was true, there will be no defamation

Qualified Privilege - the publication may have been defamatory, but the publisherw as oblged to publish it for a legal, moral, or social reason and is excused from liability.

Fair Report - A publication in a fair report of public concern is nto defamatory

Honest Opinion - a pubblication which is not read as a fact but merely as someone’s honest opinion is not deformation.

Paraday - A Pubication which is obviously a parady or satire is nto defamatory.

Triviality - where a publication is too trivial or inconsequential to cause harm, the publisher will be excused from liability.

In Western Australia, the fien can start at a fine of $12,000, or 3 years of imprisonment.

Example Cases §

Prendiviil kid kicked out because he made a meme page critisizing teachers.