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VIC Name Printed in Newspaper Without Permission - Defamation?

Discussion in 'Defamation Law Forum' started by AP President, 5 March 2015.

  1. AP President

    AP President Active Member

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    I would like to know if your name is used in a newspaper article without your permission, is the newspaper liable?
    The comment quoted was in a private document - my resignation - but used out of text in the article.
    The person who made the statement is not named in the article. Is this person liable in anyway under Australian law?

    Example: Committee of management president Judith Brennan resigned on Sunday, claiming that the Volcanoes Discovery Centre subcommittee was "not prepared to try in any way to do the best for the Penshurst community".

    I do not believe my name should have been used without my permission and without confirming the statement.

    I would sincerely appreciate your advice.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    Arguably it isn't good journalistic practice to print a statement without verifying it from the source. However simply printing someone's name doesn't make the paper liable unless you can show that some breach of the law was committed, for example if defamatory comments were made about you. Can you provide more details about the situation?
     
    Sophea likes this.
  3. AP President

    AP President Active Member

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    Thank you Ivy, I appreciate your advice. I am extremely upset about the issue and wish I could go bungee jumping without the bungee The whole article implies I am at fault, but I took on the job only six months ago to try and sort out the problems - both personal and illegal. Got hit with the intimidation and bullying to the point of ending up in hospital with chest pains, thus the reason for resigning. It is also now affecting friends to the point that due to intimidation from one of them he has had to take time off work. I can't afford to pack up and leave, so maybe I'll have to take the alternative route. I cannot understand why a newspaper can write what they like, without accountability.
     
  4. Sophea

    Sophea Well-Known Member

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    Hi AP President,

    If false imputations have been made that really affect your reputation that badly perhaps you should speak with a lawyer to determine whether you have a case for defamation. Often lawyers will provide a free consultation to determine whether you have a case or not. Another option may be to write to the newspaper yourself expressing why their article is false and damaging and requesting a public apology be published.
     
    Ivy likes this.

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