We all feel strongly about protecting our reputation as it affects our day to day lives. It can affect our reputation in the society in which we live and can also have serious repercussions in our career and in other opportunities.
For more information, see our Defamation Law Questions And Answers page »
Defamation is when someone says, broadcasts, writes or communicates in another way, something that makes other people think badly of you or your business; damaging your reputation and feelings. For instance, if what was written about you was legally wrong we can assist you in restoring your reputation by seeking an apology and sometimes compensation for hurt feelings. This may require litigation and we are experts in this complex area of law.
There are two types of Defamation Claims: Libel and Slander
Libel Claims: Libel covers permanent publications such as allegations broadcast on TV or Radio, written allegations and allegations posted online.
Slander Claims: Slander covers spoken words and gestures.
Claiming Damages in Defamation law (Libel and Slander): You have one year from the date of publication to bring a claim for damages. However, a court might decide that there are exceptional reasons for not claiming damages on time but it is always advisable to claim damages within the time limit.
A defamatory statement is one which:
- Disparages you in our business, trade, office or profession
- Exposes you to contempt, ridicule and even hatred
- Lowers you in the estimation of right-thinking individuals in the society
- Causes you to be shunned or avoided
Do I have a Claim?
In order to have a successful action for defamation the victim would need to show that:
- a. The Statement itself was defamatory. This means that the statement would be likely to lower that person concerned in the estimation of what a court would call ‘right thinking people’. A mere insult is not sufficient.
- b. That it would be possible to identify the individual from the statements.
- c. That the statements had been communicated to a third person. If someone had simply insulted someone to their face would not entitle them to sue. In the case of slander, in addition to the above, you will need to show you have suffered a financial loss as a result of the defamatory statements.
