Defamation grounds: important things you should know
It’s crucial to be cautious about what you post on social media as defamation—whether through libel or slander—can harm reputations and lead to legal consequences. Defamatory content must be published to someone other than the victim and can be challenged if it damages credibility, lacks evidence, or misrepresents facts.
Written vs Spoken
Social media content which harm reputations can lead to either libel (written) or slander (spoken) claims.
don't mislead
To avoid defamation liability, ensure your posts are fact-based, clear about opinions versus facts, and free from alterations that could mislead
Speech Freedom comes with Obligations
The right to freedom of speech doesn't condone humiliation of an individual's reputation and character
The growth of internet and digital communication has privileged millions of people with regards to the liberty of expressing their personal intellect and thinking.
As such, users of popular platforms such as Instagram, Facebook, Twitter or Snapchat are seriously advised on taking wariness and prudence on what they post. These social media platforms in return protect their users through adding specific features on how people can handle defamatory issues.
Posting about someone on social media can be defamatory, even without you knowing it.
A published information is considered defamatory when it is communicated to someone other than the individual who’s reputation is harmed.
So how do you know if someone is being abusive?
Defamation law primarily protects the reputation of all individuals while at the same time protecting the right to freedom of speech.
It does not matter whether a specific person is referred to or defamed by a particular individual. It is enough if:
- the words reasonably lead persons acquainted with the complaining person to believe she or he is referred to
- that the material humiliates the person’s reputation and character
When does defamation occur?
Defamation can either be categorized into libel or slander. A permanent disclosure of defamatory expression is referred to as libel, which is often present in printed materials (mostly newspaper or book). Spoken expressions (television or radio) on the other hand are categorized as slander. Defamatory material is published when it is communicated to someone other than the person it defames.
A reputational damage has often four grounds to be proved on:
- If the credibility was damaged by publication
- You or your business has been identified
- The material in the publication is not accompanied or backed up by facts and evidences
- The defamatory content was published (spoken written, images, gestures, internet materials).
Be cautious with social media posts: Ensure all shared content is factual and clearly distinguish between opinion and fact to avoid defamation claims.
If facing potential defamation issues, seek legal advice promptly to navigate court proceedings and avoid expensive consequences.
Avoid social media liability by taking extra precautions.
Be extra cautious when posting on social media and avoid liabilities by:
- not posting when emotional or angry
- making sure the information is based on facts
- making it clear whether or not the statement is opinion, joke or a fact
- avoiding criminal allegations
- not modifying photos and videos to put a person or an organisation into a negative light
Going against the defamation law can lead to court actions which includes awarding monetary damages or injunctions. It is time consuming and expensive.
How Can Gabito Lawyers Help You?
Our team of experienced lawyers will comprehensively provide you legal advice in matters of defamation in South Australia. It is crucial to select your lawyer carefully with vast array of professional experiences on such matters. A careful decision to know which court you should pursue your defamation case is crucial to avoid costly penalties on selecting the wrong court.
