Defamation is becoming more prevalent with the rise of social media
Defamation is a topic we get many questions about. With the explosion of social media, and the use of review sites and functions for marketing, it is very easy for a disgruntled person to vent in public about a customer experience that they may have found less than thrilling
To be on the receiving end of a negative or even spiteful review or facebook post can be devastating.
By the time you see it, it’s potentially been seen by hundreds or thousands of other potential customers or clients. What can you do?
The Defamation Act 2005 can protect some small businesses
The law of defamation generally protects individuals, but corporations under a certain size can often have a cause of action (e.g. the Defamation Act 2005 NSW provides that a corporation with fewer than 10 employees and unrelated to another corporation, or a corporation not formed for financial gain may have a cause of action for defamation).
Prevention is better than cure when it comes to defamation
There are a number of elements to be met before a case can be made out, however, finding yourself mired in a Court case can be an extremely expensive and time consuming exercise.
Even having a valid defence can be expensive: you may successful run a truth defence, but if you cannot enforce a costs order then you may still be significantly out of pocket.
It is best to avoid the argument altogether by making sure that anything you post can not be construed as being able to harm the reputation and good name of the person (or small business).
Examples of online defamation
Here are some examples of what might constitute defamation.
- Making false accusations of criminal activity against someone;
- Accusing someone of unethical behaviour without evidence;
- Spreading rumours about someone’s personal life;
- Making false statements about someone’s professional qualifications;
- Falsely attributing negative statements or actions to someone;
- Misrepresenting someone’s views or opinions;
- Publishing doctored or manipulated images or videos to defame someone;
- Creating fake online profiles or impersonating someone to defame them;
- Making false claims about someone’s financial status or business practices;
- Publishing private or confidential information about someone without their consent;
- Using derogatory or discriminatory language to describe someone;
- Accusing someone of having a mental illness without evidence;
- Spreading false information about someone’s health or medical history;
- Making false claims about someone’s involvement in a controversial issue;
- Publishing false information about someone’s educational background;
- Accusing someone of illegal or unethical conduct without evidence;
- Making false claims about someone’s sexual orientation or gender identity;
- Spreading false information about someone’s political views or affiliations;
- Making false claims about someone’s involvement in criminal activity;
- Accusing someone of being dishonest or untrustworthy without evidence;
- Accusing someone of being involved in a conspiracy without evidence;
- Making false claims about someone’s past or present romantic relationships;
- Spreading false information about someone’s nationality or ethnicity;
- Accusing someone of plagiarism without evidence;
- Making false claims about someone’s membership in a particular group or organization;
- Spreading rumours about someone’s financial problems or bankruptcy;
- Making false statements about someone’s involvement in a controversial issue;
- Accusing someone of criminal behaviour based on circumstantial evidence;
- Spreading false information about someone’s family background;
- Making false claims about someone’s immigration status;
- Accusing someone of involvement in a cult or extremist group without evidence;
- Publishing false information about someone’s employment history;
- Spreading rumours about someone’s personal hygiene or appearance;
- Making false claims about someone’s political affiliation;
- Accusing someone of being a liar or fraud without evidence;
- Spreading false information about someone’s religious beliefs or practices;
- Making false claims about someone’s involvement in a scandal or controversy;
- Accusing someone of being involved in a cover-up without evidence;
- Spreading rumours about someone’s mental health or psychological state;
- Making false claims about an individual which causes them to lose their job.
