More pages in this section
Defamation Lawyers Townsville
Defamation can be a difficult and complex area of law. If you wish to make a claim it is imperative that you seek the advice of an experienced lawyer at the first available opportunity.
The laws of defamation and copyright apply to the media in the same way as they apply to private individuals. It is fundamentally important that any publisher of information has at least some basic knowledge of the relevant laws so as to reduce the risk of liability.
At Connolly Suthers we offer a range of services in defamation / media law, including:
- Pre-publication advice
- General defamation advice
- Copyright and privacy
- Litigation for and against publishers
If you require further assistance, please call or email:
Make a Dispute Resolution Law Enquiry
Types of Defamation
Defamation comes in two main forms:
Libel: A false written or published statement which harms the reputation of an individual, business, product, group, or government organization.
Slander: An oral false statement that harms the reputation of an individual, business, product, group, or government organization.
A person who has been the victim of defamation may seek damages from the person who made the false statement. In a defamation lawsuit, the person who was harmed must prove that the statement was false, that it was communicated to a third party through speech (slander) or publication (libel), which resulted in harm.
When is Something Deemed Defamatory?
Slander and Libel laws are governed by state laws, as such, the laws will change slightly from state to state. In general, there are three elements that must be present in order for a statement to be deemed defamatory.
- The statement made was false
- The statement must be able the person who is suing (the plaintiff)
- The statement must be published or spoken to a third party (the defendant does not need to be the person who made the statement)
Some statements may not be considered defamatory – even in cases when they are false. These include statements that are fair comment, or statements that were made in privileged circumstances.
Is It Worth Pursuing a Defamation Case?
There is no right or wrong answer here – it depends on the nature of the case, the extent of the damages, the likelihood of success, and the cost of pursuing damages.
In general, it is worth pursuing a defamation case if severe damage has been incurred and the chances of winning the case are high. However, if the chances of success are low and the cost of going through with the case are projected to be high, then it may not be worth the effort.
Connolly Suthers are defamation law experts. Based on the unique circumstances of the case our team of Townsville defamation lawyers will be able to provide advice and guide you on the costs before deciding whether or not to pursue a case.
What Should I Do if I Am Accused of Defamation?
If you are accused of defamation, then it is important that you take the accusation seriously. Defamation is a serious legal matter that carries hefty legal and financial penalties if you are found guilty.
If you are accused of defamation in Townsville, you should get in contact with Connolly Suthers lawyers as soon as possible. A defamation lawyer can instruct you on your rights and ensure that you have the best possible defence.
Are Defamation Cases Difficult to Win in Australia?
Again, it depends on the unique circumstances surrounding your case. In general, however, defamation cases can be difficult to win in Australia because the onus is always on the plaintiff to prove that the defamatory material was published, that it caused them harm, and that the defendant was at fault.
In Australia, the courts have been reluctant to grant damages in defamation cases unless the plaintiff can show that the defamatory publication has resulted in a significant financial loss or significant emotional turmoil.