Defamation Lawyers

Defamation refers to the act of harming someone’s reputation by making false statements about them. In Australia, it can take the form of either written (libel) or spoken (slander) statements. Defamation laws aim to protect individuals and small businesses from unjust damage to their reputation.

We can assist with:

• Defamation of a business by a client, former employee or 3rd party;
• Defamation Notices under the Defamation Act 2005; and
• Advice in relation to Defamation proceedings, Passing Off and Misleading and Deceptive Conduct under the Australian Consumer Law.

To initiate defamation proceedings in Australia, you need to follow specific legal procedures. First, consult with an experienced defamation lawyer who can assess the strength of your case. They will guide you through the process, which typically involves sending a concerns notice to the party responsible for the defamatory statements. If the matter remains unresolved, you may proceed to court proceedings.

We’ve worked with many different clients by providing legal guidance and representation to individuals who have been defamed or accused of defamation.

We can analyse your case, gather evidence, and advise you on your rights and options.

We may negotiate settlements, issue cease and desist letters, or file legal proceedings to seek damages and compensation or defend against false accusations.

If you believe you or your small business has been defamed:

• Preserve the evidence such as taking a screenshot of the material as soon as you see it;
• Avoid getting in heated discussions and communications with the other party; and
• Seek legal advice from a defamation lawyer at Progressive Legal.

Although you might think this would be straightforward, this is indeed a very complicated area of Law and cases will literally turn on sometimes just one word being used. Each case needs to be very carefully considered.

We have a highly effective team of defamation lawyers in Sydney who pride themselves on a practical and no-nonsense approach to assist clients resolving their legal disputes.

Yes, it is possible to sue for defamation in Australia. Defamation laws in each of the States and Territories are in place to protect individuals and protect small businesses from false statements that harm their reputation. If you believe you have been defamed, consult with a defamation lawyer who can assess your case and guide you through the legal process.

To prove defamation in Australia, certain elements must be established. These include:

• The statement was false: You must demonstrate that the statement made about you or your business is not true.
• Publication: The defamatory statement must have been communicated to at least one other person.
• Identification: It must be evident that the statement refers to you or your business. It doesn’t necessarily need to name you or the business.
• Damage to reputation: You need to show that the defamatory statement has caused serious harm to your reputation.

In Australian law, libel refers to written or published defamatory statements. It occurs when false information about an individual or business is presented in a permanent form, such as in newspapers, magazines, websites, or social media posts. Libel laws in Australia aim to protect individuals and businesses from the harm caused by such written defamation.

Slander, under Australian law, refers to spoken defamatory statements rather than written ones. It occurs when false information about a person or business is communicated orally to others. Slanderous statements can be made in person, during broadcasts, or in other verbal interactions. Slander laws in Australia exist to safeguard individuals and businesses from the negative effects of false spoken statements.

Slander is a type of defamation, but the main difference lies in the form of communication. Defamation encompasses both written (libel) and spoken (slander) false statements that harm someone’s reputation. Libel involves permanent or recorded forms like writings or online posts, while slander pertains to spoken statements. Both forms can be legally actionable, and seeking advice from a defamation lawyer can help determine the best course of action for your specific case.

Defamation of character in NSW refers to the publication of a statement that damages your or your business’s reputation, exposing you to ridicule, contempt or hatred. The Defamation Act 2005 (NSW) establishes the legal framework for defamation claims in the state.

To establish a defamation claim in NSW, the following elements must generally be proven:

• The statement must be defamatory and harmful to the reputation of the person or business
• The statement must refer to plaintiff directly or indirectly
• The statement must be communicated to a third party

NSW Defamation of Character requires the statement to be published, meaning it must be communicated to someone other than the person being defamed. This can include written statements, spoken words, images, or online content.

The Defamation Act NSW is a vital piece of legislation that provides a legal framework for addressing instances of defamation in New South Wales. Enacted in 2005 and defines defamation as a false statement that harms an individual’s (or small business’s’) reputation when it is communicated to a third party.