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There are multiple ways in which defamatory material may be conveyed. A person may be defamed by way of spoken or written words, pictures, gestures, signs and other visible, non-verbal representations. To prove a case in defamation, a plaintiff must prove three things: meaning, identification and publication.  Obtaining legal advice from a specialised Defamation Lawyer could be greatly advantageous if you wish to commence a suit in defamation or are defending an action in defamation.

Firstly, matter which defames a plaintiff is presumed to be false and secondly, it is presumed that a plaintiff has suffered damage as a result of being defamed. There is no single common law definition of what is meant by “defamatory”, although the various tests used do not conflict with each other.  It is a person’s reputation, and not his or her pride and esteem, which is protected by defamation law. Reputation is the esteem in which others hold a person, and thus matter that merely hurts a person’s pride or feelings without injuring his or her reputation will generally not be considered “defamatory”.  Defamatory material has been held to mean ‘material that would tend to expose a person to ridicule and cause others to shun and avoid’. The concept of a person’s reputation being impugned, rather than that he or she has merely been abused, is a central ingredient of most defamation actions. Furthermore, is defamatory of a person to allege a fault or defect in his character, for example, by calling him dishonest, a hypocrite, a liar or a coward. Comprehensive and lengthy advice from a Defamation Lawyer can assist you in understanding the elements involved in a Defamation action.

Secondly is identification as a plaintiff must establish that the matter was published “of and concerning” himself or herself, that is, that he was capable of being, and was, identified as the object of the defamatory meaning. It is not necessary for any direct reference to have been made to the plaintiff.  Material which is on the face of it defamatory is not actionable unless the defamatory imputation can be established as referring to a particular person. This is readily established where the plaintiff is actually named, but a plaintiff may also be identified by reference to his address, occupation, characteristics or actions. Being properly advised by a Defamation Lawyer could be useful in understanding this component.

Thirdly, the material needs to be published. A plaintiff must establish that the matter which defamed him was “published”. In defamation law, “publication” is the communication of the defamatory matter to at least one person other than the plaintiff himself. It is the publication of defamatory matter, and not its creation, to which liability attaches. The rationalisation of a defamation action is the protection of an individual’s reputation, not his or her pride. As reputation is the estimation in which others hold him or her, an action will not arise in respect of material defamatory of an individual unless it has been communicated to at least one person other than the individual himself or herself. This communication to a third person is known as “publication” and is an essential element in the cause of action holistic and structured legal advice from a Defamation Lawyer can assist you in understanding this aspect.

If you need further legal advice on your defamation matter, you may book an appointment with us by telephone on (02) 9233 4048 or by email to info@navado.com.au.

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