VIC Indirect False Allegations - Defamation?

[Slattery21]

I am in a situation where someone has made a false allegation against me that I can prove via audio/visual media.

This person went to the media with the allegation, and it was aired on a commercial TV station in prime time, where the person was interviewed directly making the allegation.

I was not named directly, however the company I work for was, and the specific work location was as well.

Do I have any recourse here because of indirect defamation, or is this person in the clear because I was not directly named?

Thank you.

 

[Sophea]

Hi Slattery21,

If the business was named - the business itself may have grounds to bring a claim of defamation if it is a corporation that is either a not for profit organisation or it employs fewer than 10 people and is not related to another corporation. Both natural persons and companies of this nature have standing to bring a defamation action.

If it does not fit this category of corporation, you still may be able to bring a defamation in your own name if you can be identified by the information.

The things you need to prove to establish defamation are as follows:

1. some information was published or communicated by someone to a third person (other than you)
2. the information identifies you - doesn't have to be by your name; and
3. information is defamatory in that it has the potential to injure your reputation, expose you to hatred or ridicule, cause people to shun or avoid you or lower you in the estimation of right thinking members of society.

The test for the second point is would a viewer reasonably identify you as the person defamed by what was said or presented on the broadcast?

If you are really concerned about this I would consult a lawyer and get some personalised advice on your situation.

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