Most people are generally aware that you can’t defame another person- in essence, you can’t make bad comments about another person that are untrue and may harm that person’s reputation. The way in which most people are aware of this is by newspaper or television companies being sued for comments they have made about a person or company.
What can often get overlooked when thinking about defamation is people who make comments online, particularly on social media. Due to the informal nature of social media communication, people can often forget that any comments are subject to defamation laws.
There are some important issues to note when it comes to defamation:
- it does not matter if there was no intention to harm the reputation of another, it is enough that the material was published;
- it can be a positive act or an omission- for example, you could potentially be liable if you allow a defamatory comment to be posted on a sign on your property, even if you didn’t put up the sign yourself. This potentially exposes someone who is merely re-posting a comment from someone else or agreeing with a comment posted by someone else.
- Not every negative comment about a person is going to be defamatory. It has to reach a certain level in order to be defamatory and sufficiently diminish a person’s reputation.
If someone does make comments which are defamatory, there are defences to alleged defamation- these can include truth (the statement made is true or substantially true, and therefore cannot be defamatory); triviality (the matter is so minor as to be trivial); and fair comment (honest opinion).
One recent case involved a public Facebook post about a well-known South Australian event and business, where the person posting stated that, essentially, credit for the event should be given to someone other than the creator and organiser of the event. Whilst the actual damage to reputation was found to be relatively modest, the person who posted the comment was still required to pay $30,000 in damages, not including legal fees and interest. This shows how significant the consequences can be.
With the ability social media provides for anyone to publish anything at any time, it is important to remember that any comments posted potentially expose the publisher to defamation proceedings. The instantaneous nature of social media and the pressure for influencers and individuals alike to create content and ‘get likes’ does not lend itself to caution. However, when a dispute occurs, whether it is between neighbours, family members or someone else, it is best to avoid picking up your phone and posting about it on social media.
If you believe someone has made defamatory statements about you, or if you’re facing a defamation claim, it’s important to act quickly. Contact Mellor Olsson’s experienced litigation team for clear, practical advice. Call us today on 8414 3400 or email [email protected].