LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Assault and Defamation - Can I Sue?

Discussion in 'Defamation Law Forum' started by Dak Doyle, 15 October 2015.

  1. Dak Doyle

    Dak Doyle Member

    Joined:
    15 October 2015
    Messages:
    4
    Likes Received:
    0
    I was assaulted by 2 men today. The police are dealing with this situation. My problem is they uploaded the 2 of them taunting me and calling me a pussy, fa^^ot and fairy, etc.

    This video has went viral and has been seen by over 3000 people in 6 hours. My job requires a good public image and I am sure this will hurt my current job and future prospects in my chosen industry.

    Can I sue for defamation of character?
     
  2. JS79

    JS79 Well-Known Member

    Joined:
    2 October 2015
    Messages:
    307
    Likes Received:
    35
    Dear Dak,

    A useful article regarding Defamation for you : Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au

    Defamation is defined as being an action by a person (or many people) that has destroyed another person's reputation either by verbal or written information. In NSW, the tort of defamation is governed by common law and the Defamation Act 2005

    The Plaintiff (the person bringing the case) has the burden of proof to prove that the information that was provided was false, the information must of been communicated either verbally or written to a third party and the information that was communicated to a third person must have reference to the particular person.

    Have you pressed charges regarding the assault?

    See

    Get Connected with the Right Lawyer for You

    to be connected to a local lawyer in your area that specialises in defamation law.
     
  3. Dak Doyle

    Dak Doyle Member

    Joined:
    15 October 2015
    Messages:
    4
    Likes Received:
    0
    I have pressed charges against him. I assumed this would be different to the police charges.

    I have video evidence of it all so i guess that would be proof enough. Would it impact on my police matter with the accused?
     
  4. JS79

    JS79 Well-Known Member

    Joined:
    2 October 2015
    Messages:
    307
    Likes Received:
    35
    It is different :)
    I was just curious.
     
  5. Dak Doyle

    Dak Doyle Member

    Joined:
    15 October 2015
    Messages:
    4
    Likes Received:
    0
    I also knew this but would I have to wait for the police charges to take effect or can I pursue the defamation asap?? Thank you!
     
  6. Pete Evans

    Pete Evans Well-Known Member

    Joined:
    17 June 2015
    Messages:
    14
    Likes Received:
    3
    Hi Dak Doyle, Have you heard of victims of crime and know how it works? Hopefully the police don't need to much of a push to charge the offenders , hint hint.
     
  7. Dak Doyle

    Dak Doyle Member

    Joined:
    15 October 2015
    Messages:
    4
    Likes Received:
    0
    I am from NSw and no I haven't.
     
  8. Pete Evans

    Pete Evans Well-Known Member

    Joined:
    17 June 2015
    Messages:
    14
    Likes Received:
    3
    Keep in touch with the police to see if charges are laid firstly. If the individuals are charged with something make sure you attend court with a victims impact statement . Let us know what happens.
    Worth noting I was recently involved in a matter where my neighbour threatened to kill me. He was charged.
     
  9. beanie

    beanie Well-Known Member

    Joined:
    20 July 2015
    Messages:
    22
    Likes Received:
    0
    You can press charges and sue. One is criminal and the other is civil. If you don't sue within a year, it will be hard for you to take this up, so if you want to wait till the criminal matters settle, be mindful of the dateline for your civil matters. The police won't help you nor advice you on that matter.

    If you really feel your reputation had been damaged by the statements you can obtain all your materials and consult a lawyer. If the photos are still online and still causing you issues, you can ask for it to be taken down, either by asking politely, concerns notice, court order or asking the hosting site to remove it
     

Share This Page

Loading...