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SA Is Posting on Facebook About Competitor Defamation?

Discussion in 'Defamation Law Forum' started by Adam g, 9 December 2016.

  1. Adam g

    Adam g Member

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    Hello everyone,

    I run a Facebook page that provides news about an industry. We go the extra effort to ensure our articles are informative and worthwhile, etc. Our competitors, however, constantly post fake clickbait titled articles that scream for attention. As a result, they're receiving more traffic due to gullible followers.

    I'm curious if we're liable to be sued for defamation if we mentioned it on our Facebook page through a post that will of course only be factual and not exaggerated in any way.

    If so, do you have any suggestions on how to resolve the matter as it really hits a nerve for a lot of people, fans included.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Adam,

    Whether your competitor can bring a defamation action against you depends on a few factors:
    (1) Whether they are a large company - https://www.lawanswers.com.au/blog/can-company-sue-defamation-law/
    (2) Whether what you right is legally defined as defamatory - https://www.lawanswers.com.au/blog/defamation-law-australia/
    (3) And if so, whether one of the defences are available to you - https://www.lawanswers.com.au/blog/defences-to-defamation-in-australia/

    Generally if you stick to factual matters that you can prove, your comments are not malicious then you should be right.
     
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  3. sammy01

    sammy01 Well-Known Member

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    Why not post on your page a warning about the links - state you don't endorse them and don't believe they are reputable. You could also ask them not to post on your page.

    Waste of time and money going for a defamation case.
     
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