If you feel like someone has tarnished your name through their statements, it is your right to sue them. With a good criminal lawyer, you can get well-compensated. This article seeks to give you an understanding of defamation so you may know your rights in such a case.
What is defamation?
Defamation refers to any statement that ruins a person's reputation. If such a statement is done in writing and then published, this kind of defamation is referred to as libel. If such a statement is spoken, this kind of defamation is referred to as slander. Defamation is regarded as a civil wrong and is penalised by having the wrong doer pay a fine or compensation to you.
You can sue a person who committed the act of defamation under defamation law. This law holds that people are free to speak truthfully about their experiences even if they utter something mean about you. However, if the statements made are false and damage your reputation, you have the right to sue.
Features of defamation action?
For you to win a law suit based on defamation, you have to prove that
The Statement
It has to be written, spoken or expressed in some form. Since spoken word quickly fades from the memory of people, slander is considered less damaging than libel.
Publication
If the statement was published, another person has to have seen it, read it or heard the statement. This other person should be someone other than the one who delivers the statement.
Injury
You need to prove that the statement brought you injury. The statement has to have ruined your reputation--for instance, if you lose your job due to the statement.
Falsity
Statements are considered to be defamatory if they are false. True statements, even though they are harmful, do not amount to an act of defamation. Statements of opinion are not seen as false since they are the points of view of the one who utters them.
Unprivileged
A statement is regarded as defamatory if it is unprivileged. For instance, if a witness were to testify at trial, though the statement is found to be false and injurious, they are immune to a defamation law suit because testifying in a trial is privileged. This means a person is free to give a full account of what happened without fearing that they will be charged with defamation. Law makers are also immune to defamation suits arising from statements they make in their legislative chambers or office documents.
Share7 January 2015
No one gets married planning to get divorced, but by the time I see them it's pretty obvious why they are getting divorced. When a marriage is beyond repair I'm there to fight for my clients right's under family and property law and to get them the best deal I can possibly negotiate. Even if you feel like your case is messy or complicated, I can guarantee in my time as a lawyer I have seen and heard worse things! This site has a collection of useful articles and links on developments and case law in the Family Court of Australia.