QLD Fraud and Defamation - Right to Sue?

[Stanga24]

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?

 

[Sophea]

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