Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

FREE - Sign Up Now

Creating a Website to Prove False Statements Wrong - Is This Defamation?

Discussion in 'Defamation Law Forum' started by Adrasteia, 23 December 2015.

Tags:
  1. Adrasteia

    Adrasteia Active Member

    Joined:
    27 June 2015
    Messages:
    5
    Likes Received:
    0
    I intend on publishing over the internet via social media and a website dedicated to statements made by two people which were false and can be proven to be false. I have an audio recording of everything that these two people said and documentary evidence, as well as witnesses as proof that what these two people said was malicious and false.

    What are your opinions on this? My understanding is that if I publish only the facts which can be proven to be true, a defamation action would fail.

    Am I correct in this?
     
    #1 Adrasteia, 23 December 2015
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    373
    Hi Adrasteia,

    It's true that it is a defence to an action in defamation to prove that the defamatory sentiment is, in fact, true. However, it’s not enough to prove your words were true. You must be able to prove the negative sentiment behind the comment is true.

    Check this out: Defences to Defamation in Australia - Legal Blog - LawAnswers.com.au

    However, I would be careful with the audio recording. It may be illegal unless you have the permission of the person speaking in the audio recording.

    It also doesn't prevent you from being sued for defamation and having to spend legal costs in defending yourself - even if your defence is legitimate.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #2 Sophea, 23 December 2015
(You must Log In or Sign Up to post here.)
Loading...
Similar Threads - Creating Website Prove
  1. Jennie

    NSW Website Refused to Remove Post - What to Do?

    Jennie, 18 October 2016, in forum: Defamation Law Forum
    Replies:
    1
    Views:
    270
    Rod
    22 October 2016
  2. hayband

    NSW Entrapment from Female on Dating Website?

    hayband, 30 August 2015, in forum: Defamation Law Forum
    Replies:
    2
    Views:
    925
    Alimacf
    12 September 2015

Share This Page

Toggle Width
Loading...
gt;