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QLD Fraud and Defamation - Right to Sue?

Discussion in 'Defamation Law Forum' started by Stanga24, 26 June 2015.

  1. Stanga24

    Stanga24 New Member

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    If someone from a phone company accuses you of fraud, when you have not committed an act of fraud, do I have a right to sue them for defamation?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Stanga24,

    In order to claim for defamation, you need to show 3 things:
    1. Publication – That someone else (a natural person, company or incorporated association) communicated information to another person or other people (other than yourself);
    2. Identification – The information identifies you or makes it clear to others that the communication is about you; and
    3. Defamatory Content – The information is defamatory.
    Has the company's accusation of fraud been made to anyone other than yourself? If it has not been published - to people other than yourself then you cannot establish defamation

    Check out this article: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au
     

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