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:

QLD Defamation Through Emails Sent to Real Estate Agent?

Discussion in 'Defamation Law Forum' started by the garn, 29 May 2015.

  1. the garn

    the garn Member

    Joined:
    20 May 2015
    Messages:
    1
    Likes Received:
    0
    What is the process to have someone charged with defamation?
    Numerous defamatory emails sent to my real estate agent.
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,723
    Likes Received:
    405
    Defamation is not an offence, so people don't get prosecuted (what you meant by "charged") for it.
    It's what lawyer's call a "civil wrong" - a problem between two parties that is not a crime.

    What you do is you sue the other party.
     
  3. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi the garn,

    Further to Tim W's comments, in order to establish an action for defamation, you need to prove 3 things:

    1. information is communicated by the defendant to someone other than you;
    2. the information identifies you; and
    3. the information is defamatory - meaning that it could injure your reputation by exposing you to hatred, contempt, ridicule or cause others to shun you.

    However, even if you can prove these things, the other party may have a defence at law. You can read more about it here: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - LawAnswers.com.au Blog
     
    Tim W likes this.

Share This Page

Loading...