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QLD Are False Statements Considered as Criminal Defamation?

Discussion in 'Defamation Law Forum' started by Dwayne Harry, 7 January 2017.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    If a person, knowingly and deliberately, writes false statements in an affidavit that are completely untrue and defamatory of another person, which causes them physical, emotional and psychological harm, as well as enormous financial loss, is that Criminal Defamation?

    Furthermore, do you have to prove this in a Civil Lawsuit prior to having them charged for with Criminal Defamation or can you have them charged with the crime and then proceed with Civil Action?
     
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  2. Rod

    Rod Well-Known Member

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    Civil action is something you control. Note that you must generally commence civil action within 12 months of the material being published.
     
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  3. Victoria S

    Victoria S Well-Known Member

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    If the defamatory statements are made in a court proceeding, the defence of absolute privilege will usually apply so you can't succeed against them. If untrue statements are made in an affidavit then the maker will be guilty of perjury.

    Generally criminal defamation involves making defamatory statements about a person knowing they are untrue with intent to cause serious harm.
     
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