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 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).
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).
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