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

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

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  1. Adrasteia

    Adrasteia Active Member

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    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

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    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.
     
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    #2 Sophea, 23 December 2015
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