Defamation Lawyers Brisbane

If you believe you are a victim of defamation in Australia, take the following steps: 

1. Document the defamatory content by saving screenshots or recordings. 
2. Assess whether the statement meets the criteria for defamation: 

• Published to at least one other person 

• Identifies you directly or indirectly 

• Contains a defamatory imputation 

• Likely to cause serious harm to your reputation 

1. Consider requesting a retraction or apology from the publisher. 
2. Seek legal advice from a defamation specialist to understand your rights and options. AKS Law offers a free initial consultation to assess your options and likelihood of a successful outcome. 
3. If appropriate, send a concerns notice to the publisher, outlining the defamatory content and requesting amends. 
4. Explore alternative dispute resolution methods like negotiation or mediation with AKS Law for efficient resolution before looking at court options. 

Remember, time limits apply for defamation claims, so act promptly to protect your rights. 

No, going to court should be a last resort. Alternative dispute resolution methods are often recommended by AKS Law to save time, costs and get matters resolved amicably. Alternative methods include: 

• Mediation: Parties negotiate a settlement with a mediator’s help, which is less costly and quicker than a trial. 

• Removal of Defamatory Material: Requesting the publisher to delete the harmful published material and agree to avoid further publication. 

• Publication of Apology: A published apology can mitigate damages and often satisfies the aggrieved party. 

• Out-of-Court Financial Settlement: Private settlements can involve compensation without litigation, saving time and expenses 

The limitation period for defamation claims in Queensland is typically one year from the date of publication. Consulting with legal professionals early on is advisable to avoid missing critical deadlines.

To succeed in a defamation claim in Australia, several critical factors must be established: 

1. False Statement: The statement in question must be false and presented as a fact, not an opinion, satire, or parody. 
2. Publication: The defamatory statement must be communicated to at least one third party. This can be through spoken words, written text, social media posts, or other forms of communication. 
3. Identification: The statement must clearly identify the plaintiff, either directly or indirectly, so that an ordinary person would understand it refers to them. 
4. Serious Harm: The statement must cause or be likely to cause serious harm to the plaintiff’s reputation such as economic loss. For corporations, this harm must result in serious financial loss. 
5. No Legal Defence: There should be no applicable legal defences, such as truth, honest opinion, qualified privilege, or public interest. 

By proving these elements, a plaintiff can establish a strong case for defamation and potentially secure compensation for damages suffered. Speak to our expert defamation lawyers at AKS Law for free initial advice. 

Yes, you can seek compensation for damages by taking legal action, including financial loss, emotional distress, and harm to your reputation. The compensation amount will depend on the severity of the defamation and the impact on your life such as economic loss.

Queensland’s defamation laws are primarily governed by the Defamation Act 2005 which is Australia wide and relevant common law principles. These laws aim to balance the protection of individual reputations with the freedom of expression.

Key Provisions of the Defamation Act 2005 

1. Abolition of Libel and Slander Distinction: Queensland no longer distinguishes between libel (written defamation) and slander (spoken defamation). All defamatory statements are treated uniformly. 
2. Publication: Defamation can occur through various mediums, including online media, writings, drawings, and speech. The law holds the publisher (the person who made the defamatory statement) accountable. 
3. Serious Harm Threshold: Claimants must prove that the defamatory statement has caused or is likely to cause serious harm to their reputation. This threshold helps filter out trivial claims. 
4. Single Publication Rule: The limitation period for bringing a defamation claim is one year from the date of the first publication. This rule prevents claimants from circumventing the time limit by relying on subsequent publications. 
5. Defences: The Act provides several defences, including: 

• Justification: The statement is substantially true. 

• Contextual Truth: Some imputations are true, and the plaintiff’s reputation is not further harmed. 

• Absolute Privilege: Statements made in parliamentary debates or court proceedings are immune. 

• Public Interest: The publication was in the public interest and reasonably believed to be so. 

• Honest Opinion: The statement was an opinion rather than a fact. 

• Innocent Dissemination: The distributor did not have control over the content. 

6. Concerns Notice: Before commencing legal proceedings, claimants must issue a Concerns Notice to the publisher, allowing them an opportunity to make amends 

In Australia, social media defamation cases can be brought against various parties, including the account holder, commenters, moderators, and even social media companies. The High Court’s decision in Fairfax Media v Voller established that publishers, including those who facilitate and encourage comments on their social media pages, can be held liable for defamatory content posted by third parties. This means that individuals and organisations must be cautious about the comments they allow on their platforms. 

When defamatory content originates from outside Australia, the Australian courts can still exercise jurisdiction if the defamatory material is accessible and causes harm within Australia. This ensures that victims of defamation have recourse even when the perpetrator is located overseas. 

When defamation occurs, consulting an experienced lawyer in defamation cases is crucial because they can accurately assess the strength of your claim, navigate complex legal procedures, gather and present evidence effectively, and protect your rights throughout the process. Their expertise increases the likelihood of a favourable outcome, whether through settlement or court proceedings.  

Seek legal advice: At AKS, our Brisbane defamation lawyers led by Principal Aaron Stewart can efficiently help restore a person’s reputation and seek punitive damages. Call 07 3180 0144 or submit your details online to arrange a free consultation.