Defamation Law

Practice Area - Defamation Law

Award Winning Defamation Lawyers

We are a team of award winning lawyers and journalists, coming together to protect and restore reputations.

As one of Australia’s premier defamation law firms, BlackBay Lawyers is defined by excellence in both Defamation Litigation and Reputation Management. Based in Sydney, our award-winning team has acted in some of the nation’s most high-profile cases, delivering outstanding results for clients whose reputations are their most valuable asset.

What sets us apart is our unique model: we combine the strength of seasoned defamation lawyers with the insight of former journalists and crisis communication experts. This enables us not only to win in court, but also to control the narrative in the media and repair your digital presence.

DEFAMATION LAWYER

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BlackBay Defamation AI

Meet the Team

BlackBay AI

We have developed advanced technology to enhance our litigation capabilities, and we've made a version of this technology publicly available to help assess potential defamation. Our innovative tool, the Defamation AI, provides preliminary evaluations of potentially defamatory publications or comments. While it utilises advanced algorithms to analyse your concerns, its guidance is meant for initial orientation and does not constitute legal advice. Rest assured, all interactions with the AI are confidential and not accessible by our team.

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Meet The Team

At BlackBay Lawyers, we believe reputation is everything - which is why only the most exceptional professionals form part of our team. We are not just lawyers. We are a collective of award-winning litigators, former senior journalists, and digital reputation experts working together to deliver an offering found nowhere else in Australia.

Meet the Team

Managing Partner

Victoria-Jane Otavski

Victoria-Jane is one of Australia’s leading litigators, named among the nation’s top 10 Litigation Partners in the 2024 Partner of the Year Awards and recognised in 2023, 2024 and 2025 by Best Lawyers as a leading Media & Defamation Lawyer. A trusted advisor to high-profile clients, she delivers exceptional representation in all types of defamation matters.

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Special Counsel

Monica Allen

Monica is a leading defamation, media and commercial litigation lawyer, recognised in Best Lawyers 2025 as a 'lawyer of the year'. She has acted in complex, high-profile matters in the High, Supreme and Federal Courts of Australia, with expertise in defamation and media law and commercial litigation.

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Head of Clients

Liam Cox

With 25 years of experience in business, media, and professional services, Liam has a distinguished track record of providing pragmatic solutions for high-profile clients across a vast array of sectors. Liam works closely with the firm’s leadership to deliver exceptional outcomes for clients in sensitive, complex, and demanding environments

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Senior Associate

Isabella Orlic

Isabella Orlic, winner of the 2025 30 Under 30 Award for Dispute Resolution & Litigation, is a rising leader in defamation and media law. She represents public figures, executives and major organisations in complex disputes across state and federal courts. Isabella’s expertise includes defamation claims, reputation management, pre-publication review and content liability.

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Legal Affairs Strategist

Naomi Shivaraman

Naomi has been an award winning journalist and producer for 25 years. She joined BlackBay as the team’s Legal Affairs Strategist, a role created to utilise her combined legal and media strategy skills, helping clients and stakeholders navigate the court of public opinion.

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Associate

Olivia Gebron

Olivia supports employment, commercial litigation, and defamation matters with a thoughtful, strategic mindset. Her dual degree in Law and Business from UTS underpins her ability to assess risk pragmatically and deliver clear, client-focused solutions.

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Our Unique Value

At BlackBay Lawyers, we deliver something no other firm in Australia can - a seamless integration of award-winning defamation lawyers, former senior journalists, and digital reputation experts.

This unique model means we don’t just fight cases in court - we protect and restore reputations where it matters most: in the media, online, and in the eyes of your industry. While most firms stop at legal remedies, we go further. By combining litigation excellence with crisis communication strategy, media management, and digital PR, we offer a 360° reputation protection service unmatched in the market.

For high-profile individuals, executives, founders, and businesses whose reputations are critical assets, BlackBay is the only destination for comprehensive legal and reputational defence.

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HOW WE HELP

Expert Defamation Lawyers (Libel & Slander)

Defamation is a serious legal issue that can have significant consequences for individuals and businesses. As a leading defamation law firm in Sydney specialised in protecting, safeguarding and restoring our clients Reputation. We understand the complexities of this area of law and have extensive experience in handling high-profile defamation cases. Our experienced Sydney defamation lawyers have the knowledge and experience to meet and exceed your expectations and offer a variety of legal services customised to your unique situation.

Online Defamation

The discovery of false and damaging statements about you on digital platforms like social media, blogs, review sites, or online forums can lead to significant personal and professional harm. This online slander or libel, often spreading faster and wider than traditional forms, can severely damage your reputation.

How BlackBay Defamation Lawyers Approach the Problem:

At BlackBay, we understand the extensive damage online defamation can inflict due to its global and permanent nature. We handle such cases with an immediate, decisive, and strategic response.

Our Process:

Initial Consultation: We undertake a comprehensive examination of the defamatory content, the platform it's been posted on, and assess the extent of reputational damage incurred.
Digital Forensics and Evidence Gathering: In the digital realm, identifying the source can be challenging. We work closely with digital forensics experts to trace the origin of the defamation, collect evidence, and establish the link between the defamation and the harm caused.
Issuing a Concerns Notice: Our next step is to issue a detailed Concerns Notice to the offender, detailing the defamatory content, the harm it has caused, and demands for remediation such as removal of the content, public apology, or monetary compensation.
Platform Intervention: We engage with the digital platform to facilitate the removal of the defamatory content. Many platforms have mechanisms in place for dealing with such issues and can often act swiftly to remove content.
Pre-Litigation Negotiation: In parallel, we negotiate with the offender aiming for an out-of-court settlement. Our expert defamation lawyers use their negotiation skills and legal knowledge to seek an optimal resolution.
Legal Proceedings: If negotiations fail to reach a satisfactory resolution, we prepare to take the case to court. Our team will assist in drafting a statement of claim, representing you in court, and guiding the best course of action.
Trial and Resolution: We represent your interests vigorously throughout the trial. Following the trial, we aim for court-ordered remedies, which may include removal of defamatory statements, a formal apology, or financial compensation.

Likely Outcomes:

Outcomes can vary, with successful cases often resulting in the removal of defamatory content, public apologies, and compensation for damages incurred. If court intervention is required, the court may order additional remedies.

As experts in the field of online defamation, BlackBay Lawyers are equipped with the knowledge, experience, and tools to handle the unique challenges presented by online defamation, making us a top choice when you're seeking a defamation lawyer.

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Defence against Defamation Claims

Being accused of defamation can be a daunting experience. If an individual or organization is claimed to have defamed another party, they need comprehensive legal guidance to understand their rights and establish a robust defence.

How BlackBay Defamation Lawyers Approach the Problem:

At BlackBay Lawyers, we provide steadfast support and legal counsel to those accused of defamation. We understand that the consequences of a successful defamation claim can be serious, potentially involving hefty fines and damage to reputation. Hence, we work diligently to investigate the situation, identify potential defences, and strategically prepare a strong defence.

Our Process:

Initial Consultation: We begin with a detailed discussion to understand the circumstances surrounding the alleged defamatory act. We review any relevant documents and materials provided by you.
Assessing the Merits: Next, we assess the merits of the claim brought against you. This involves a careful analysis of the alleged defamatory content, its potential defences, and the potential harm it may have caused.
Formulating a Defence Strategy: Based on our assessment, we then formulate a bespoke defence strategy. This could involve challenging the truth of the defamatory statements, asserting a defence of fair comment or qualified privilege, or highlighting any procedural flaws in the claimant's case.
Letter of Defence: We draft a comprehensive Letter of Defence, outlining the reasons why the claim is unfounded or lacks merit. This letter addresses each point raised in the claim, providing evidence and arguments to counter each one.
Court Representation: If the matter proceeds to court, we represent you robustly in the proceedings, presenting the defence arguments effectively. We also help you navigate the complexities of the legal system, ensuring that you understand the process at every stage.
Negotiation and Settlement: Throughout the process, we keep open the lines of communication for a potential settlement. Our aim is always to resolve the matter in the most cost-effective and least damaging way possible.

Likely Outcomes:

With a strong and well-prepared defence, the likelihood of successfully refuting the defamation claim increases. Outcomes can include dismissal of the claim, a negotiated settlement, or a favourable court verdict.

Remember, as top defamation lawyers, our primary objective at BlackBay Lawyers is to safeguard your reputation and rights, assisting you in navigating the legal complexities associated with a defamation claim, and securing the best possible outcome for you.

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Defamation Lawyer giving publication advice

Pre-publication Advice

Defamation claims can be costly and time-consuming, and it is important for individuals and organizations to take steps to minimize the risk of facing such claims. Our team at BlackBay Lawyers can provide legal advice and guidance on how to avoid defamation claims.

We can advise clients on the legal risks of publishing certain content, such as statements that could be considered defamatory or false. We can also assist clients with fact-checking their content to ensure that it is accurate and based on reliable sources.

Additionally, we can provide guidance on how to avoid defamation claims, such as providing a right of reply to individuals who may be affected by the content or publishing a correction or retraction if the content is found to be inaccurate or misleading. We can also assist clients in developing policies and procedures for publishing content that minimize the risk of defamation claims.

For example, if a client is planning to publish a book, our team can review the manuscript and advise on any legal risks associated with the content. We can also provide guidance on how to minimize the risk of defamation claims, such as by providing a right of reply or publishing a correction or retraction if necessary. Our goal is to help our clients publish content that is accurate, fair, and legally defensible.

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Defamation of your Business

When a competitor or a disgruntled customer spreads false and damaging information about your business, it can negatively impact sales, profitability, and overall business reputation. It's crucial to address this disparagement swiftly to minimize damage and set the record straight.

How BlackBay Defamation Lawyers Approach the Problem:

At BlackBay, we understand the unique challenges that businesses face when dealing with defamation. We recognize the importance of swift action to protect the company's reputation and minimize loss. Our strategy combines legal expertise with a business-centric approach to address business disparagement effectively.

Our Process:

Initial Assessment: We start with a thorough examination of the disparagement and its impact on your business. This includes a review of the false statements, the medium used, and the resulting harm to your business.
Evidence Collection: We gather all available evidence, including the false statements, witness statements, and any relevant documentation that supports the negative impact on your business.
Legal Proceedings Determination: Depending on the size of your business and the nature of the false statements, we will determine the most suitable course of legal action. This could be a defamation lawsuit (for businesses with less than 10 employees), an injurious falsehood claim, or a misleading & deceptive conduct claim.
Letter of Demand: For businesses with more than ten employees, our first step is to send a Letter of Demand to the offender, outlining the false statements, the harm caused, and our client's demands for rectification. This could include a public apology, retraction of the false statements, and monetary compensation for damages.
Engaging with the Offender: We engage directly with the offender, providing them with the Letter of Demand and negotiating for an immediate correction of the false information and possible damages.
Legal Action: If the offender refuses to comply or the rectification is unsatisfactory, we move forward with legal proceedings. Our expert team will assist in preparing the claim, representing your business in court, and advising on potential settlements or appeals.
Resolution and Remedies: If successful, the court may order the offender to cease their defamatory actions, issue a public apology, retract the false statements, and pay damages for the harm caused.

Likely Outcomes:

Outcomes generally include a cease of defamatory actions by the offender, a public apology, retraction of false statements, and potential financial compensation for damages. These outcomes help to restore your business's reputation and mitigate any damage caused by the false statements.

By choosing BlackBay Lawyers, your business gains a trusted partner to navigate this challenging situation. As expert defamation lawyers, we are well-equipped to handle your business disparagement case, protect your reputation, and secure the best possible outcome.

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Defamation of your Personal Reputation

False statements about you circulating within your community or workplace can significantly damage your personal reputation, leading to loss of social standing and adversely affecting job opportunities.

How BlackBay Defamation Lawyers Approach the Problem:

At BlackBay, we comprehend the gravity of personal reputation damage and initiate swift action to mitigate the effects. We conduct an extensive evaluation of the damage and verify the false statements. We then strategize to combat the negative impacts of defamation on your reputation.

Our Process:

Initial Consultation: We understand the specifics of your case, the extent of the reputational damage, and gather all necessary evidence.
Issuing a Concerns Notice: We draft a detailed Concerns Notice that outlines the defamatory content, its harmful impact, and your demands for remediation. This could include a retraction of the false statements, a public apology, and monetary compensation for damages.
Pre-Litigation Negotiation: Following the Concerns Notice, we engage with the offending party, seeking an out-of-court settlement. Leveraging our expert defamation law knowledge and negotiation skills, we aim to resolve the issue swiftly and effectively, minimizing any potential media coverage of the dispute and the financial and emotional toll of litigation.
Commencing Legal Proceedings: If settlement negotiations don't yield satisfactory results, we prepare to take the case to court. Our lawyers can assist with drafting a statement of claim, representing you in court, gathering evidence, identifying potential witnesses, and guiding on the best course of action.
Trial and Resolution: Throughout the trial, we vigorously represent your interests. Post trial, we aim for court-ordered remedies, which may include removal of defamatory statements, a formal apology, or financial compensation.

Likely Outcomes:

Outcomes can vary based on the specifics of your case. Ideally, the offending party retracts their statements, issues an apology, and compensates for the damage. However, if court intervention is needed, the court may order the removal of defamatory statements, issue a formal apology, or award financial compensation.

BlackBay Defamation Lawyers specialize in handling such sensitive issues with utmost care. Our comprehensive understanding of defamation law, coupled with a tailored approach, ensures your reputation is safeguarded, making us a leading choice when seeking a defamation lawyer.

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Defamation in an Article, Book or Other Publication

The discovery of false statements about oneself in a book, magazine, or online article can cause significant distress. It can lead to both personal and professional harm, impacting one's standing in their community, workplace, or industry.

How BlackBay Defamation Lawyers Approach the Problem:

At BlackBay Lawyers, we comprehend the gravity of written defamation in an article, book, or other publication, and the severe impact it can have on an individual's reputation. We approach such matters with empathy, urgency, and professionalism to help victims reclaim their reputation and seek compensation for damages.

Our Process:

Initial Consultation: We first meet with you to understand the situation, examining the false statements and identifying the harm caused.
Evidence Gathering: Next, we collect all available evidence. This includes obtaining copies of the published material, tracking its distribution, and identifying potential witnesses.
Concerns Notice: Our team then prepares a comprehensive Concerns Notice, detailing the defamatory content, the harm it has caused, and your demands. This could include a public apology, retraction of the false statements, and monetary compensation for damages.
Negotiation: We engage in settlement negotiations with the author and their publisher. Our aim is to resolve the issue without court intervention, which can be costly and time-consuming.
Legal Action: If the negotiations do not yield a satisfactory outcome, we prepare for litigation. This involves drafting a statement of claim, gathering further evidence, and presenting a robust case in court.
Resolution and Remedies: If the case is successful, the court may order the author to cease the defamatory actions, issue a public apology, retract the false statements, and pay damages for the harm caused.

Likely Outcomes:

The outcomes of such cases often include the cessation of the defamatory actions, a public apology, retraction of false statements, and potential monetary compensation for damages. With BlackBay Lawyers on your side, you stand a good chance of restoring your damaged reputation and receiving compensation for the harm suffered.

As a trusted partner in your journey towards restoring your reputation, we leverage our expertise as defamation lawyers to guide you through this challenging situation and achieve the best possible outcome.

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Media Outlet misreporting and Defamation Lawyer protecting

Media Misreporting

The publication or broadcast of false information about you or your company by a media outlet can lead to significant public backlash or financial loss. This media misreporting can have a long-lasting negative impact on your personal reputation or your business' brand and bottom line.

How BlackBay Defamation Lawyers Approach the Problem:

At BlackBay, we recognise the complex relationship between the media and the subject of their stories. We also understand the power media outlets hold and how their inaccurate reporting can quickly harm reputations. Our approach is diligent, swift, and focused on protecting and restoring your reputation.

Our Process:

Initial Assessment: We start by assessing the extent of the misreporting and its impact on your reputation or financial standing. Our team of experts reviews the published or broadcast content thoroughly.
Evidence Gathering: We collate all available evidence, including the false reports, witness statements, and any documentation that proves the inaccuracy of the report.
Issuing a Concerns Notice: We prepare a detailed Concerns Notice, outlining the specific inaccuracies in the report, the damage caused, and our client's demands for rectification, including a retraction, a public apology, and possibly, monetary compensation.
Engaging with the Media Outlet: We directly approach the media outlet, providing them with the Concerns Notice and requesting immediate correction of the false information. We also negotiate for a public apology or retraction.
Pre-Litigation Negotiation: If the media outlet refuses to rectify the situation or if the rectification is unsatisfactory, we engage in settlement negotiations, leveraging our defamation law expertise to seek the best possible outcome for our client.
Legal Proceedings: If negotiations fail, we file a lawsuit against the media outlet for defamation. Our legal team will assist in preparing a statement of claim, representing you in court proceedings, and advising on potential settlements or appeals.
Resolution and Remedies: If successful, the court may order the media outlet to remove or correct the false content, issue a public apology, and pay damages for the harm caused.

Likely Outcomes:

The most common outcomes include the correction of the misinformation by the media outlet, public apologies, and potential financial compensation for damages. Legal victories also serve to restore and protect the reputation of the individual or company involved.

With BlackBay Lawyers on your side, the journey to restore your reputation after media misreporting becomes less daunting. As experienced defamation lawyers, we bring our robust knowledge and strategic approach to represent your best interests.

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Defamation Litigation

Defamation occurs when someone makes a false statement that harms the reputation of another person. This can be either in written form (libel) or spoken form (slander). Defamation claims can be complex, and it's important to seek legal advice when considering commencing proceedings.

Defamation litigation is a complex and often time-consuming process, requiring thorough preparation and expert legal advice. Here is a comprehensive step-by-step process for a defamation case, handled by BlackBay Lawyers:

1. Initial Consultation: Upon contact, our lawyers will hold an in-depth discussion with you to understand the details of your case. We will review any potentially defamatory material, analyze the context, and assess its impact on your reputation.

2. Issue a Concerns Notice (or Letter of Demand in case of a business with more than 10 employees): If it is determined that defamation might have occurred, we will draft and send a Concerns Notice or a Letter of Demand to the offending party. This document will outline the false statements made, the harm it caused, and the desired remedial actions, such as a public apology, retraction of the statements, or monetary compensation.

3. Negotiation and Pre-litigation efforts: Our experienced defamation lawyers will then engage in settlement negotiations with the opposing party, aiming to achieve a resolution outside of court. This is done to save the time, emotional toll, and financial cost of litigation.

4. Commencing Proceedings: If no agreement can be reached, our lawyers will file a lawsuit on your behalf in the appropriate court. We will prepare a statement of claim or writ, outlining the defamatory content, its harmful effect on your reputation, and the relief sought.

5. Discovery Process: In the discovery process, each party will exchange evidence and documents related to the case. Our team will gather all relevant evidence to support your case, such as correspondence, records, or testimonies.

6. Pre-Trial Motions: Before the trial, both parties can submit pre-trial motions to resolve procedural and other issues. For instance, a motion to dismiss could be filed if we believe that the opposing party's claim is without merit.

7. Trial Proceedings: During the trial, both sides present their case. Our expert lawyers will present your case in the most persuasive manner, using evidence and witnesses to support your case. The offending party will also have the opportunity to present their defense.

8. Verdict and Judgment: After hearing both sides, the judge or jury will reach a verdict. If successful, the court will award damages to compensate for the harm done to your reputation.

9. Appeal: If the trial outcome is not in your favor, we will advise on the viability of an appeal. If an appeal is decided upon, we will submit the necessary paperwork and represent you in the appellate court.

10. Collection of Damages and/or Enforcement of Judgment: Once a favorable judgment or settlement is achieved, we will assist you in collecting the awarded damages or ensuring the enforcement of the judgment, such as the publication of an apology or the removal of defamatory content.

Throughout the entire process, BlackBay Lawyers aims to maintain regular communication with you, keeping you informed and involved at every stage. We are committed to providing robust and personalised representation to safeguard your reputation and achieve the best possible outcome.

Get in touch with a Defamation Lawyer

Immediate Response: Swift Response to Defamation

At BlackBay Lawyers, we understand that time is of the essence in defamation cases. Each moment defamatory content remains accessible to the public, it continues to inflict damage on your reputation. That's why we prioritize immediate action and swift resolution in our defamation law practice.

From the moment you engage us, our defamation lawyer team jumps into action to protect your reputation. Here's how we quickly move to manage and minimize the impact of defamatory content:

Rapid Assessment: As soon as we're contacted, we quickly assess your situation to understand the nature of the defamatory content, the extent of the harm done, and the possible legal recourse available to you. We use this information to craft a strategic plan tailored to your specific case.

Concerns Notice or Letter of Demand: Our first line of action is to draft and issue a comprehensive Concerns Notice (or Letter of Demand for businesses with more than 10 employees). This document outlines the specific defamatory statements, the harm they've caused, and demands appropriate remedial action. This could be a retraction of the statement, a public apology, or financial compensation for damages suffered.

Content Removal: We engage the publishers of the defamatory content, which could be a website administrator, social media platform, or even a search engine, requesting immediate removal or de-indexing of the offending content. This often involves invoking the platform's policies on defamatory content or the provisions of local and international laws.

Cease and Desist: In tandem, we issue cease and desist letters to the offending party to halt further defamatory publications. This serves as a formal notice that we are pursuing legal action, often encouraging them to cease their defamatory actions.

Negotiation: While preparing for possible litigation, we also initiate settlement negotiations, aiming to reach an expedited resolution that addresses the harm caused and helps restore your reputation.

With BlackBay Lawyers, you can trust that we'll act decisively and swiftly to defend your reputation. We understand the significant impact that defamation can have on personal and professional lives, and we're committed to providing the immediate, dedicated legal support you need.

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Defamation Claim / Defamation Lawyer FAQ

Have you been defamed?

If you believe that your reputation has been seriously harmed by false or defamatory statements, you may have a case for defamation. Defamation occurs when someone communicates material about a person to a third party that causes serious harm to their reputation, and there is no legal defense for doing so. If you are facing such a situation, it is important to consult with a skilled defamation lawyer.

At BlackBay Lawyers, our team of experienced defamation lawyers can provide you with the legal expertise you need to protect your reputation and seek justice. We understand the serious impact that defamatory statements can have on your personal and professional life, and we are committed to helping you achieve the best possible outcome in your case.

It is important to note that there are two types of defamation: spoken and written.

Libel refers to a permanent record of defamatory statements or material in the form of writing, video, or photograph, while;
Slander refers to defamatory content in a transitory state, such as spoken language.

It is also important to understand that being able to commence a defamation case does not occur simply because a publication contains vulgar or offensive language or constitutes hate speech. Rather, a defamation case is concerned with publications that cause serious harm to a person's reputation.

If you believe that you have been the victim of defamation, it is essential to seek legal advice as soon as possible. At BlackBay Lawyers, we have the experience and expertise to help you navigate the complexities of defamation law and achieve a favorable outcome in your case. Contact us today to schedule a consultation with one of our skilled defamation lawyers.

How do you prove defamation?

Libel and slander are now the same thing as defamation under the law. The most recent change to this is the Defamation Act 2005 (NSW), which took effect on January 1, 2006. This law applies to any defamation cases that happened after that date in NSW. Defamation is actionable "in and of itself," which means the person defamed does not need to show that he or she has been harmed. If you are being threatened with a defamation lawsuit, you should talk to a defamation solicitor immediately. The statute of limitations for bringing a defamation case in court is one year after the date of publication.

To prove defamation claims and the subsequent defamation case, it is necessary to establish that the material published contained one or more defamatory “imputations”. This involves an assessment of the natural and ordinary meaning of the words or images about a person or their behaviour which were communicated.

Defamation can occur in publications including but not limited to articles published by news organisations, comments published on social media or in emails disseminated between individuals, on television, in cartoons and images howsoever circulated, in books and in verbal broadcasts and conversations.

In short, it must be proven by the Plaintiff that the communication was:

published by the Defendant; and
disseminated to a third person; and
identifies or is about the Plaintiff; and
the content is defamatory.

What are the defences to defamation?

Proving defamation is often only half the battle. The person who is accused of defamation may have defences that they can use. These defences are based on both the common law and the statute. A summary of the most common defences can be found below.

Justification – section 25 of the Defamation Act (“Truth”)
- Justification, also known as the defence of truth, is a common defence to a defamation claim. Under the law, if the publisher can prove that what was said is true, then they cannot be held liable for defamation. The onus of proof is on the publisher to prove that all the defamatory imputations in the publication are true.
Contextual Truth – section 26 of the Defamation Act
- This is about lawsuits where there are a lot of accusations, some of which are true and some of which are not true. The defence is that if the most serious accusations are true, then the defendant can't be sued for the less serious ones that aren't true, because they don't make things worse for the plaintiff.
Absolute privilege – section 27 of the Act
- There is absolute freedom of speech in certain situations. This includes reports of parliamentary proceedings, proceedings in Courts and most tribunals, communications between spouses, and executive communications by persons holding high executive office of state.
Fair copy or extract of a public document – section 29 of the Act
- In NSW, some specific types of public documents are protected by this law. For example, documents relating to special commissions of inquiry or documents that have been released to a parliamentary committee by the Independent Commission Against Corruption in a private investigation but later made public.
Qualified privilege – section 30 of the Act
- The Act also provides a statutory defence of qualified privilege as follows:
  - The recipient has an interest or apparent interest in learning more about a subject;
  - the topic is published to the receiver during the transmission of information on that issue; and
  - The publisher's conduct in making this publication is "reasonable" under the circumstances.
- The test of apparent interest is whether or not the publisher believes that the person who they published the information to had an interest in it. The 'reasonableness' requirement is difficult to meet. These defences don't succeed often because it's hard to prove that someone had an interest in the information.
“Free speech defences” in Defamation law
- In Langev Australian Broadcasting Corporation (1997) 189 CLR 520, the High Court said that there is an extended Common Law defence of qualified privilege related to political communication justified by reference to an implied constitutional freedom of a communication. This means that people have the right to communicate freely without being punished, as long as it is done for political reasons.

In summary, there are a number of defamation defences and the most common defences to defamation disputes arise where the publisher (the person communicating the words or images):

can prove that what was published was substantially true;
was offering an honest opinion, rather than making a statement of fact
was fairly reporting on a matter of public concern;
was disclosing information to recipients who had a legitimate interest in receiving the information; or
was innocently distributing defamatory material (e.g. where they are an employee of a bookstore).

What can you do if you have been defamed?

Resolution without Defamation Proceedings

If you feel you have been defamed, the first step is to take swift action by engaging a defamation law firm to try and remove the material from further or ongoing publication and to see if a negotiated resolution can be achieved.

Subject to the severity of the defamatory statements and the extent of its publication or distribution, it may be that a compromise can be reached involving terms such as the making of a public apology, an undertaking to cease making further comments and/or some form of financial compensation. An experienced defamation lawyer will aim for swift and early resolution that minimises the extent of the harm caused by the defamatory material and achieve quick vindication, particularly given that it may result in outcomes that a Court is not able to grant or order (e.g. the publication of an apology). Typically as part of any resolution, a good defamation law firm or legal practice will seek for full reimbursement of the legal costs associated with the defamation matter to date in conjunction with compensation for the suffered defamation.

Offer of amends and apology

If a publisher makes a reasonable offer of amends to a claimant, and the claimant refuses the offer, the publisher may be able to defend the defamation claims based on that. In some cases, the offer may be a complete defence to a claim. The offer may include an offer to publish an apology. By engaging an experienced defamation lawyer you will be well advised on your defamation matter and protecting you against unecessarily losing your defamation claim.

Defamation Case Proceedings in Court

If an agreement cannot be reached with a publisher, you may consider commencing a defamation claim in Court proceedings, the outcome of which may ultimately be determined by a Judge or a jury. Seeking expert legal advice and having an experienced defamation lawyer on your team is incredibly important in ensuring the successful outcome of the defamation claim and removing the defamatory comments.

Any compensation (an award of damages) for defamation claims are not fixed and depend on the circumstances of the case. If you are successful in the defamation proceedings, you will ordinarily receive compensatory damages which will vary according to factors including but not limited to:

the nature of the imputations – i.e. how serious and damaging the defamatory comments are;
the number of imputations that arise from the publication;
the extent of the publication (e.g. limited or worldwide publication);
the effect of the defamation on your reputation – e.g. whether it impacted your professional standing and earning capacity;
what if anything the publisher did after being informed of the defamatory nature of the publication;
if the harm and damage was aggravated by other conduct or actions attributable to the publisher.

Given the significant defamation law firm cost as well as other legal costs for commencing a defamation case in Court and the possible media coverage and possible public interest in certain defamation proceedings, careful consideration needs to be given to the merits and benefits of commencing proceedings.

Who can sue for defamation?

An individual can make a defamation claim by engaging defamation law firm. A deceased person cannot sue. A corporation with ten or more employees can't sue unless it is an excluded corporation. Excluded corporations are:

Non-profit organizations - companies that don't make money to give to their members.
Small businesses that have less than 10 employees and are not related to other businesses are allowed to file their taxes together.

A corporation cannot receive damages for emotional harm, but must be financially harmed in order to receive compensation.

Who is liable?

If someone published or authorized the publication of the defamatory statement or material, they may be held liable and be subject to a defamation claim and court proceedings. This includes the author, distributor, editor, printer or proprietor of a newspaper, press agency, internet service provider or online bulletin board. If the material is left on the internet or bulletin board after being warned to remove it, the publishers are especially liable.

Important Defamation Definitions

Plaintiff's Identity
- Frequently, material is published without expressly referring to or identifying the Plaintiff. The defamatory statement must reference or concern the Plaintiff for it to be defamatory.
Publication
- Publishing defamatory material means making it available to the public. The act of publishing something usually refers to putting it out there for people to see, but in legal terms, it can also mean sharing something with just one other person. When it comes to defamation law, "published" simply means communicated.
Defamatory matter
- The Plaintiff must show that the messages, insults, or innuendos in the defamatory statements were about them. The Court looks at the content of the publication and decides what the normal meaning of it was.
- The following tests are used by the court:
  - It is likely to harm the Plaintiff's reputation by casting him or her in a bad light.
  - It contains a statement about the plaintiff that might cause him or her to be shunned or avoided.
  - It has the potential to diminish others' perceptions of the Plaintiff.
Place of publication
- Defamatory remarks are frequently published in a variety of states and/or dependent territories of the Commonwealth, especially when material is published on the internet. The High Court has determined that general rule with respect to internet publications is that defamation occurs where the material is made available in its entire form.
Commencement of defamation cases
- The Plaintiff can instruct their defamation lawyer to file a case in any legal jurisdiction, with certain exceptions. The action would generally be started where the plaintiff lives, although some defamation cases may be filed in another location. If the content is published in multiple states and territories, the Plaintiff should start his or her action where the defamation occurred.

What are the common types of services that BlackBay Lawyers offer?

BlackBay Lawyers can offer a wide range of services to clients who are pursuing a defamation claim. Some of the key services that we can provide include:

Advising on the merits of the claim: Our team can advise clients on the strength of their case, and the likelihood of success in court. We can also provide guidance on the potential damages that may be awarded and the costs involved in pursuing a claim.
Drafting statements of claim: Our team can assist clients in drafting statements of claim, which are legal documents that set out the details of the defamation claim and the relief sought.
Representation in court: Our team can represent clients in court proceedings, including negotiating settlements and representing clients at trial.
Pre-trial discovery: Our team can assist clients in obtaining evidence from the defendant, such as documents or witness statements, that will be used to support the claim in court.
Advising on settlement: Our team can advise clients on the merits of settling a claim and negotiate with the defendant to reach a settlement that is in the best interests of the client.
Advising on appeals: Our team can advise clients on the prospects of success in an appeal, and represent clients in appeals court proceedings.
Reputation management: Our team can assist clients in managing their online reputation and identifying and removing defamatory content from the internet, and providing advice on social media and online content.

These are some examples of the services that BlackBay Lawyers can provide to clients in a defamation claim. Our team has the experience and expertise to guide clients through the legal process, and we understand that every client has unique needs and we are ready to tailor our services to meet those needs. Contact us today to learn more about how we can assist you with your defamation claim.

What are the common types of Defamation?

There are many different types of defamation cases that can arise, but some common types include:

Libel: Libel is a written or published defamatory statement, such as a defamatory newspaper or online article, a defamatory post on social media, or a defamatory email.
Slander: Slander is an oral or spoken defamatory statement, such as a defamatory statement made in a public speech, a radio or television interview, or a private conversation.
Defamation by innuendo: Defamation by innuendo occurs when a statement has a defamatory meaning but is not directly defamatory, such as a statement that implies that a person is involved in illegal activities.
Defamation by association: Defamation by association occurs when a person's reputation is harmed by association with another person or organization, such as when a person's reputation is harmed because they are associated with a controversial group or individual.
Defamation by implication: Defamation by implication occurs when a statement is not directly defamatory but can be understood to have a defamatory meaning.
Defamation by omission: Defamation by omission occurs when a statement is not made, but it can be inferred from the statements that were made, that is not a true statement.

These are some examples of the common types of defamation cases, but it's not limited to these. Defamation cases can be complex and nuanced, and it's important to seek the advice of an experienced lawyer to determine the best course of action. BlackBay Lawyers can provide guidance and representation for clients facing any type of defamation case, and we understand that every client has unique needs and we are ready to tailor our services to meet those needs. Contact us today to learn more about how we can assist you with your defamation case.

Things to consider with Defamation Claims

There are a few key things to keep in mind when it comes to defamation cases:

Time limits: There are strict time limits for bringing a defamation claim, so it's important to seek legal advice as soon as possible after a defamatory statement has been made.
Burden of proof: In a defamation case, the person making the claim (the plaintiff) has the burden of proving that the statement was defamatory, that it referred to them, and that it was published to a third party.
Defences: There are several defences to a defamation claim, such as truth, honest opinion, and qualified privilege. It is important to understand the potential defenses in order to evaluate the strength of a case.
Damages: If a defamation claim is successful, the person who made the defamatory statement (the defendant) may be ordered to pay damages to the person who was defamed (the plaintiff). Damages can include compensation for injury to reputation, and any financial loss that was suffered as a result of the defamation.
Reputation Management: Even if a case is not pursued legally, it is important to take steps to repair the damage that has been done to the reputation, this can be done through reputation management techniques such as drafting a letter of demand, or negotiate an apology or retraction.
Alternative Dispute Resolution: Litigating a defamation case can be a long and costly process, therefore, Alternative Dispute Resolution (ADR) such as mediation can be an effective way to resolve disputes.

It is important to understand the legal requirements and potential outcomes of a defamation case before taking any action. BlackBay Lawyers can provide guidance and representation for clients facing any type of defamation case and can advise clients on the best course of action, whether it is to pursue legal action or try to resolve the issue through ADR. Contact us today to learn more about how we can assist you with your defamation case.

Have you been defamed?

Defamation cases can result in damages that vary greatly depending on the circumstances. If a person makes defamatory comments or publishes defamatory material, it can seriously damage another person's reputation. There are two types of defamation: libel and slander. Libel refers to written, video, or photographic permanent records of defamatory statements or material. Slander refers to defamatory content that is transitory, such as spoken language. However, it is worth noting that a plaintiff can still sue for defamation even if their reputation is not "exemplary."

Recent Australian court proceedings have resulted in varying damages for successful complainants. In some cases, plaintiffs were awarded a relatively low amount, such as the $6,000 awarded to a high school principal in the case of Brose v Baluskas and others (No 6) [2020] QDC 15, where defamatory comments were made about the principal on Facebook and Change.org. Similarly, in Piscioneri v Whitaker [2017] ACTSC 174, a plaintiff who sued for two posts on an internet site received only $9,600 in damages.

On the other hand, there have been cases where plaintiffs have been awarded substantial amounts in what is known as "aggravated damages." Aggravated damages are typically awarded when the publisher's wrongdoing is unjustifiable and lacking bona fides. For example, in Stokes v Ragless [2017] SASC 159, the plaintiff was awarded $20,000 in aggravated damages due to the defendant's failure to issue an apology and insistence that the accusation was truthful despite a lack of evidence.

It is important to keep in mind that defamatory statements can be more damaging if there are several of them published within a certain timeframe. In some high-profile cases, plaintiffs have been awarded significant damages, such as in the case of French v Fraser (No 3) [2015] NSWSC 1807, where the plaintiff received $300,000 in aggravated damages for suffering bullying and harassment for two years. Another example is the case of Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496, in which actor Geoffrey Rush won almost $3 million in economic and non-economic loss for being implicated in the "me too" movement and accused of sexual misconduct at work.

At BlackBay Lawyers, we have experience handling a wide range of defamation cases, and we are well-versed in the various damages that may be awarded. Our team of defamation lawyers can help you determine whether you have a strong case and can guide you through the legal process to protect your reputation. Contact us today to schedule a consultation.

Steps to take when pursuing a defamation claim

Defamation claims can be complicated, but following the proper steps can help you get the results you want. Here are the steps to bringing a claim:

Cease and desist letter: If you want to stop the other party from publishing further defamatory comments, consider having a lawyer send a cease and desist letter. This can be a cost-effective way to put the offending party on notice and stop their conduct.
Concerns Notice: The 2020 defamation law reforms in Australia make it mandatory for people who believe they have been defamed to issue a Concerns Notice before taking the other party to court. This notice must include specific details about the allegedly defamatory content and the harm caused.
Attempt to settle: Litigation proceedings are costly, so it's advisable to try to settle the matter before proceedings commence. Sending a letter containing a settlement offer can help resolve the issue.
Commencing Proceedings: Defamation proceedings are usually commenced in the Federal Court of Australia or a State Supreme Court. Filing fees can be high, but the usual remedy for a successful defamation case is an award of damages.

When writing a Concerns Notice, include the following details:

Specifics of the location where the allegedly defamatory content can be accessed
A list of the negative imputations believed to be conveyed by the statement
Details of the reputational harm caused or likely to arise
Details of the serious financial loss likely to arise from false publication (if the aggrieved party is a business)

After receiving the Concerns Notice, the offending party has 28 days to make an ‘Offer to Make Amends’ or request further particulars. The offer must be open for acceptance for at least 28 days. By following these steps and writing a thorough Concerns Notice, you can help protect your reputation and seek the compensation you deserve.

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