Defamatory statements have the potential to do great damage to your reputation, and/or the reputation of your company. Where our service offering differs from our competitors is that we take a holistic approach to the problem. How can we handle the reputational crisis in such a way that prevents the problem escalating? How do we keep the issue away from public spotlight and away from the media? If the media has already picked up the story, what legal actions can be taken to suck oxygen out of the story? What should be included in a press release without the risk of further criticism being made? Litigation is not always the solution, and expert behind the scenes negotiation may be necessary to secure the most commercially valuable outcome. Let us help you in this time of crisis.
If someone has publicly damaged your reputation, or if you are being accused of having done this to someone else, we can help you!
Defamation occurs when one person communicates material that lowers the reputation of another and the person has no legal defence in doing so.
It might be a highly critical comment online, a slanderous comment made about them in a social or community group, or could even be something reported about them in the media which is simply not true and which paints them in a terrible light. In our increasingly digital age, where people often post ill-considered comments online, this is becoming an area of growing concern.
In NSW, this area is governed primarily by the Defamation Act 2005 (NSW) (“the Act”). It allows us to take some action when something with a defamatory imputation is “published” in a range of contexts, including an article, report, advertisement or other thing communicated by means of a newspaper, magazine or other periodical, television, radio, the internet or any other form of electronic communication. It can also occur in the context of a letter, note or other writing, a picture, gesture or something stated orally.
Defamation material is not always straightforward. For example, a Victorian man successfully sued Google in 2012 claiming that a search of his name brought up stories about an unsolved shooting causing damage to his reputation and leading him to be ostracised in his migrant community.