Defamation Law
Defamation occurs when one person communicates, by words, photographs, video, illustrations or other means, material which has the effect or tendency of damaging the reputation of another by:
Defamation can occur directly or by imputation. In 2005, almost uniform defamation law was created in each state and territory under the Defamation Acts 2005.
There are a number of defences to a defamation action, including:
Some of these defences will not stand if the defamatory material was published with malicious intent.
If you have been bullied, harassed, victimised or discriminated against through defamation, then, depending on the circumstances, you may be able to commence a defamation action against your APS agency and also personally against your perpetrators. Usually it is better to couple a defamation action with other legal actions.
- exposing that person to ridicule;
- lowering that person's reputation in the eyes of members of the community;
- causing people to shun or avoid that person; or
- injuring that person's professional reputation.
Defamation can occur directly or by imputation. In 2005, almost uniform defamation law was created in each state and territory under the Defamation Acts 2005.
There are a number of defences to a defamation action, including:
- justification;
- contextual truth;
- absolute privilege;
- honest opinion;
- qualified privilege;
- publication of public documents;
- fair report;
- implied freedom of political communication;
- innocent dissemination;
- triviality; and
- consent.
Some of these defences will not stand if the defamatory material was published with malicious intent.
If you have been bullied, harassed, victimised or discriminated against through defamation, then, depending on the circumstances, you may be able to commence a defamation action against your APS agency and also personally against your perpetrators. Usually it is better to couple a defamation action with other legal actions.