Avoiding Defamation
This factsheet provides information about defamation laws in Australia, including what defamation is, who can be defamed, who can be sued and what defences may be available.
Summary
Key takeaways
- Defamation has three elements: publication, identification and damage to reputation.
- A person who makes a written or verbal defamatory statement may be sued for defamation.
- Defences include (among other things) truth, honest opinion, fair report, innocent dissemination and absolute or qualified privilege.
Key actions
If you are threatened with defamation action, you should seek independent advice from either a lawyer or law firm who specialises in defamation.
