Whether you’re dealing with traditional outlets or online platforms, understanding what is defamatory is crucial in today’s fast-paced media landscape. If you suspect you have been a victim of defamation, or have been accused of defaming someone else, contact our expert team at Di Lena Defamation for tailored legal support.
Defining what is defamatory
The test of whether material is defamatory is, does the publication:
- lower the plaintiff’s reputation?
- harm the plaintiff’s reputation?
- hold the plaintiff up to ridicule?
- lead others to shun and avoid the plaintiff?
The test of whether a communication is defamatory is judged from the viewpoint of “ordinary reasonable people in the community in general” and in light of “contemporary standards”.
A publication that hurts or upsets a person does not necessarily mean that it is defamatory. The publication must be capable of damaging their reputation.
Importantly, the intention (or lack thereof) of the publisher to defame is also irrelevant in determining whether a publication is defamatory.
The meaning of what is published can be the “natural and ordinary meaning” or a specific meaning that only some people with certain knowledge or information have.
The meaning of what is published must be considered in the context of the publication as a whole.
Cause of Action in Defamation: The Three Essential Elements
To succeed in a defamation claim, plaintiffs must prove:
- Publication: communication with someone other than the person defamed.
- Identification: identifies the plaintiff, either directly or by inference.
- Defamatory meaning: lowers the plaintiff’s reputation among ordinary members of society.
To satisfy a cause of action for defamation, the plaintiff does not have to prove the imputation is false.
The Legal Process
Navigating defamation claims in Australia involves clear steps:
- Collect Evidence: Secure documents, screenshots, or recordings.
- Seek Expert Advice: Consult a lawyer who understands this area of law.
- Issue a Concerns Notice: Attempt an early resolution.
- Litigation: If necessary, proceed to court with professional representation.
Proceeding with litigation is a serious decision and requires careful planning—our team guides you at every stage.
Our Practice Areas
At Di Lena Defamation, we handle the publication of defamatory material across all platforms and mediums:
- Traditional Media: Newspapers, television, and radio.
- Electronic Publications: Blogs, emails, WhatsApp, Messenger, and more.
- Social Media: Facebook, Instagram, YouTube, TikTok, and other platforms.
We issue and respond to concerns notices, and where necessary, commence or defend defamation proceedings. Discover more on our Practice Areas page.
Online Content Remediation & Anonymous Publishers
- Take-Down & De-Listing Requests: Remove harmful content and de-list it from search engines.
- Identifying Anonymous Publishers: Apply to uncover authors of defamatory statements so legal action can proceed.
Criminal & Professional Proceedings
We also represent clients in high-profile criminal and disciplinary matters where libel and reputational harm are at stake. Our experience with defamatory libel in Australia contexts ensures thorough representation.
Why Choose Di Lena Defamation?
- Specialised Expertise: We focus exclusively on defamation, backed by in-depth knowledge and experience of defamatory libel in Australia.
- Personalised Strategies: Every matter is unique, so we tailor our approach to your objectives.
- Proven Success: Our team has achieved favourable outcomes in complex defamation disputes.
Don’t leave defamatory libel issues unchecked – contact Di Lena Defamation now via our contact form or call us to book your consultation. Protect your reputation today.
