The laws of defamation serve to protect a person’s good name. If an untrue or misleading statement is made about a person in a public forum it can have a highly damaging effect.
In order for a statement to be defamatory, it needs to have been made publicly. A defamatory publication can take on many forms, they can be written or verbal, published in the media or online, or could comprise texts, emails, social media posts and online reviews.
Gordon Legal acts for people whose reputation has been damaged by a defamatory publication or comment.
We also act for people who have been accused of making a defamatory statement to guide them through the process and to try and limit their exposure to a potential legal claim.
In some cases, defendants may seek to dispute an allegation of defamation made against them on the basis that what was published was true, it was an honestly held opinion, or they were otherwise legally permitted to make the statement.
Privacy legislation prevents wrongful disclosure and misuse of an individual’s private information. These statutory laws work alongside the law concerning breach of confidence.
In some cases, it may be appropriate for a person to notify the Privacy Commissioner to investigate an unlawful inference with privacy. In other instances, it may be more advantageous for an individual to pursue a legal remedy through the Courts.
Gordon Legal acts for people whose privacy has been unlawfully interfered with and/or whose confidential information has been disclosed without authorisation.
Our lawyers are highly skilled in advising clients on how to protect their reputation and private information. We have acted for media and business figures seeking to protect their reputation. We have also acted for small business owners who have had their reputation tarnished by defamatory statements made by others. We also act for everyday people who have had their reputation and character unfairly attacked and/or privacy unlawfully interfered with.
Respecting your privacy and protecting your reputation
With the rise of social media, people are publishing more material on the internet which can potentially expose them to the same defamation laws that apply to more traditional publishers. Defamatory statements can be made on social media, including in chatrooms, on Facebook and on Twitter. In some cases, even re-posting a defamatory statement by another person could land a social media user in trouble.
If you think that you have been defamed, you should seek legal advice quickly, as there may be options open to you to limit the spread of any damage caused. There are also strict time limits that apply to making defamation claims in Australia. If you think you have been defamed you should seek advice on the time limits that may apply to your circumstances.
If you have been accused of defamation it is also important to seek legal advice as soon as possible.
Once you have contacted us, we will organise for you to speak with an experienced lawyer who will go the distance with you and your claim.
For us every case is personal
Our Defamation and Privacy lawyers have decades of experience in handling difficult cases and understand the unique ins and outs of Defamation and Privacy Laws claims. We strive to ease your burden by making the legal process as simple as possible for you.
FREQUENTLY ASKED QUESTIONS
Defamation and Privacy Law
I think I have been defamed, what should I do?
The first thing you should do is make a record. Take a copy of the publication that concerns you. If you have been defamed online, take a screenshot or video of the defamatory content. Material can be posted and then taken down online quickly. If you don’t keep a record of the defamatory content, there is no guarantee that you will be able to locate it later.
Your record of the defamatory statement would ideally also include the information published around, or linked to the page or statement of concern. Your lawyer will need to review this record in order to give you advice about the strength of your claim.
The above information is related to claims in Victoria. For claims outside the state, please contact our office for specific information as potential claims and time frames vary from state to state.
Do the defamation laws apply to posts on social media?
Yes. Defamation laws do not just cover what is published about people in traditional media, such as newspapers or magazines. About half of all defamation claims filed in Courts in Australia relate to digital defamation. A large number of defamation disputes that don’t make it to Court also relate to what is said on social media, or has been texted or emailed to people.
The above information is related to claims in Victoria. For claims outside the state, please contact our office for specific information as potential claims and time frames vary from state to state.
Can companies or not-for-profits be defamed?
Defamation laws are usually used to seek to protect the reputation of individuals. However, the laws can cover some small companies and not-for-profits, in some cases. Defamation laws can also cover circumstances where an individual’s reputation is very closely linked to the reputation of a company, in some instances. If any of the above may apply to, you, you should seek legal advice.
The above information is related to claims in Victoria. For claims outside the state, please contact our office for specific information as potential claims and time frames vary from state to state.
What our customers say
We have recently been represented by Gordon Legal and in particular Principal Lawyer James Naughton in a contested planning matter. James did a great job for us on a number of levels and was professional, forensic, and focused on getting the best possible result. He was also a pleasure to deal with. Big thanks to the Gordon Legal team and to James.
Trevor and Neth
I would recommend Gordon Legal to anyone, James and Rachel were professional, understanding and caring throughout the entire case. The best law firm I have ever used and I cannot speak highly enough of them.
Kate
We have recently been represented by Gordon Legal and in particular Principal Lawyer James Naughton in a contested planning matter. James did a great job for us on a number of levels and was professional, forensic, and focused on getting the best possible result. He was also a pleasure to deal with. Big thanks to the Gordon Legal team and to James.
Trevor and Neth
I would recommend Gordon Legal to anyone, James and Rachel were professional, understanding and caring throughout the entire case. The best law firm I have ever used and I cannot speak highly enough of them.
Kate
Team
Defamation and Privacy Law Experts
James Naughton
James Naughton
Partner
James is a highly regarded commercial lawyer and litigator. He has successfully brought claims against Australia’s largest banks, stockbrokers and financial institutions. He has also acted for people and organisations subject to investigations by government agencies and has advised industry superannuation funds, unions and corporations on regulatory, governance and directorship issues. James provides advice on contractual matters, corporate disputes, professional negligence and defamation claims. He also acts in complex matters – such as class actions and group litigation, including the Robodebt class action.
Liam Currie
Liam Currie
Lawyer
Liam is a respected litigator who practices in class actions and commercial law. He specialises in complex claims, including tort, contract and property matters. He regularly appears at all levels of the Victorian and Federal Courts. Liam is an experienced advocate in defamation litigation. He is a published writer on defamation issues and has a sizable defamation practice, acting for both plaintiffs and defendants. Liam provides advice to national charities and multinational businesses. He has also acted for plaintiffs in litigation against major insurers, Federal and State government departments, and financial institutions.
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