TAS Can I be sued for defamation for telling the truth?

[Jane Smithers]

Hi all,

I have experienced some negligence and trauma from a private mental health clinic who breached confidentiality about 50 times and failed to take my privacy concerns seriously, which are protected by law.

If I took my story public and tried to get newspapers and TV stations involved, and it damaged the reputation of this clinic, can they sue me for defamation ? Everything I shared would all be true but it's a Catholic organisation and speaking out about the abuse would damage their reputation severely. Could they sue me for that? I'm not sure if it would identify individuals or just write it as an overall thing.

Thank you,

Jane

 

[Rob Legat - SBPL]

The ‘truth’ is a general defence to a claim of defamation, but it’s a lot more complicated than that in practise. Whether or not the organisation is even able to start an action for defamation is another consideration.

I suggest you seek specific legal advice in your state, as you’re unlikely to get sufficient answers here.

 

[Jane Smithers]

Thanks Rob

 

[Rod]

I agree with Rob. There is a possibility you may be at risk but you need specific advice for your situation.

You should ask a lawyer about both defamation and injurious falsehood. As Rob mentioned truth is a defence to both actions but this is a technical area of law and advice should be tailored for your situation. Keep in mind a lawyer is unlikely to give an ironclad guarantee as they will only have your side of the story and not the other party's story.

 

[Jane Smithers]

Thanks Rod

The lawyer will have most of both sides of the story and what happened because it was all written down through incidents and complaints I lodged at the time. It also went to the Health Commissioner.

 

[Jane Smithers]

Thank you both for your replies

 

[Jane Smithers]

Alrighty, now does anyone know how to delete this thread?

 

[Rod]

You can't. You can ask the admins but their general policy is the thread stays up to help other visitors.

If you have used your real name, change your forum name and that may fix your concerns.