Defamation occurs when a person’s reputation is negatively impacted based on what has been stated or written about them.

Defamation is based on two factors:

1. An individual or company has stated something about you that has been overheard. (However, it is not classified as defamation if it was said in confidentiality.)
2. What has been stated or written about you could negatively affect your reputation.

Defamatory material is any published material or work that degrades a person’s reputation. Examples of defamatory materials include:

• Audio
• Blogs
• Cartoons or Drawings
• Emails
• Handwritten letters
• Newspapers
• Online reviews
• Paintings
• Pictures
• Social media
• Spoken and verbal communication (a defamatory comment stated to someone else)
• Television
• Video

It is recommended to undergo legal proceedings for defamation action within the course of 12 months after the issue of the defamatory material. In most cases, it is unauthorised to do court proceedings after a year of publication. If accepted for a reasonable explanation, the court can provide an extension of 3 years at most post the issue date.

The time limit for a defamation case can be extended by the court in limited circumstances where the individual was uninformed about the defamatory posts after the expiration of the time limit. The court can also grant the extension of strict time limits in cases where the individual couldn’t find the publisher prior to the 1-year time limit.

It can be extremely complex to get an extension. That is why it is crucial to take court action right away by getting a defamation lawyer to assist you with your case.

Whether you are one person that has been defamed or an entire business at reputational risk, you are allowed to sue more than one individual or business for the defamatory statements being made. This includes the individual who made defamatory comments and those who published the person quoted. However, the comment doesn’t have to be published for you to take defamation action. You can sue even in situations whereby one person overheard the comment or had viewed it via email, depending on the case.

Because defamation is a civil matter, defamatory cases are handled through the court system without needing to get the police involved. Therefore, they have to pay penalties which we refer to as “damages”, as well as the legal costs involved during legal proceedings.

The penalties for defamation cases vary from small amounts to thousands and millions, depending on the severity of the situation. In matters whereby the defamatory material has made a significant impact on the individual (e.g., financial burden), this is where the penalty would be higher. For this reason, it is essential to get advice from an expert defamation lawyer immediately.

The cost of defamation claim will depend upon the severity of the case. Book a consultation and one of our defamation lawyers can provide you with a quote.