Defamation & Reputation Protection Lawyers Melbourne

Here's what the law requires you to prove before you can bring a defamation claim. As of July 2021, Victorian law requires that the defamatory material has caused, or is likely to cause, serious harm to the plaintiff's reputation. This ensures that only significant cases proceed to court.

This is a crucial threshold — here's what it means in practice. Under Victorian law, for a defamation claim to proceed, the plaintiff must prove that the publication has caused, or is likely to cause, serious harm to their reputation. This threshold aims to filter out trivial claims and ensure that only substantial cases are litigated.

The truth is an absolute defence — here's how it works. The defence of justification applies when the defendant proves that the defamatory statements are substantially true. Under the Defamation Act 2005 (Vic), truth alone is a complete defence, meaning that if the defendant can establish the truth of the defamatory material, they are not liable for defamation.

Absolutely — and this is one of the most rapidly growing areas of defamation law. Online comments and social media posts can be defamatory if they meet the criteria for defamation. The instantaneous and widespread nature of online publications can amplify the harm caused, and courts have recognized that defamatory material published online is subject to the same legal principles as traditional media.

This is a new and important defence introduced in the 2021 reforms. In July 2021, Victoria introduced a public interest defence. This defence applies when the defendant proves that the publication concerns an issue of public interest and that they reasonably believed the publication was in the public interest. This aligns with the defence available in the United Kingdom and aims to balance freedom of expression with protection of reputation.

Here's what you can actually recover if you succeed in a defamation claim. In Victoria, remedies may include:

• Damages: Monetary compensation for harm to reputation, emotional distress, and any financial losses incurred.
• Injunctions: Court orders preventing further publication or mandating the removal of defamatory material.
• Apologies and Retractions: Formal acknowledgments of wrongdoing and corrections of the defamatory statements.

The specific remedies awarded depend on the case's circumstances and the severity of the harm caused.

This surprises a lot of people — but yes, sharing or liking can make you liable. Engaging with defamatory content on social media, such as sharing or liking a post, can potentially expose you to liability. By interacting with the content, you may be considered a 'publisher' of the defamatory material, especially if your actions contribute to its dissemination.

Yes, content shared on social media platforms can be defamatory. Individuals are liable for their posts, comments, and shares. Given the rapid dissemination on these platforms, defamatory statements can cause widespread harm quickly.

This is sometimes overlooked but can be a powerful defence in the right circumstances. The defence of triviality applies when the defendant proves that the circumstances of publication were such that the plaintiff was unlikely to sustain any harm. This defence is intended for minor defamatory statements that are unlikely to cause real damage to the plaintiff's reputation.

Recent amendments to Victoria's defamation laws include:

• Introduction of a 'serious harm' threshold: Plaintiffs must demonstrate that the defamatory publication caused or is likely to cause serious harm to their reputation.
• Single publication rule: The limitation period for defamation claims starts from the date of the first publication, even if the content remains accessible online.
• Public interest defence: Publishers can defend defamatory statements by proving they were matters of public interest and published responsibly.

These changes aim to balance protecting individuals' reputations with freedom of expression, particularly in the digital age.