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Defamation

Defamation is a complex area of the law that requires expert knowledge. Our defamation team advises both individuals and organisations in all aspects of defamation law through either electronic or traditional media sources.

What is defamation?

Defamation is primarily a civil action that allows a person whose reputation has been harmed by way of publication of materials, by words, or by any other means, to take action against those responsible. The laws of defamation aim to balance between the protection and the promotion of freedom of speech.

To bring a defamation action a person must show three things:

  1. the material must have been published
  2. the person aggrieved by the publication must have been identified by that publication
  3. the material published must be defamatory

Defamation law recognises a number of circumstances in which the interest in the material being published outweighs the potential damage to a reputation.

What are the defences to defamation?

The defences to defamation actions are:

  • Justification
  • Contextual truth
  • Absolute privilege
  • Honest opinion
  • Qualified privilege

We approach defamation proceedings with a commercial perspective and inform clients how to use the defamation legislation to protect their reputations in the marketplace. Our team will ensure that you receive technically sound advice so you can make a decision which takes into account the cost implications of taking action or defending an action. 

We have acted in numerous defamation proceedings including high profile people around the country for both individuals and corporations.

Our aim is to give our clients the best possible advice to ensure they are fully appraised of their options.

If you feel that you have been defamed or someone is alleging that you have defamed them, our legal team will help you through what can be a very difficult and complex area. Contact us today for more information or if you wish to speak with our team today, please fill out the enquiry form.

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