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VIC What to Do About Online Defamation?

Discussion in 'Defamation Law Forum' started by Flyboat, 17 August 2016.

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  1. Flyboat

    Flyboat Active Member

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    I run a business in Victoria

    Unfortunately, a systematic defamation campaign has been undertaken online (on US "Shame Sites"), all complete nonsense but as you know many believe things because google "said so"

    There are very strong emotive language, etc. on the US "Shame sites" and it's pretty much impossible to deal with (will laugh at Aussie court orders), so I'm considering going after the posters. One of the "posters" is identifiable on two of the different sites. Seeking help from Law firms in Melb who are good with Defamation matters. Seems like a bugger of a process, long, detailed, complex, etc.

    Thanks for any tips

    Cheers
     
  2. Rod

    Rod Well-Known Member

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    A local lawyer should be able to help, not a hard case for a typical suburban lawyer.

    The hardest part with online posters is normally identifying the poster and finding where they live.
     
  3. Victoria S

    Victoria S Well-Known Member

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    Is the person publishing the defamatory statements Australian? Or US? If they are a person outside of Australia, it could get difficult and costly, as Australian courts only strictly have jurisdiction to enforce their orders within Australia. Therefore there are jurisdictional issues that can arise making proceedings, lengthy, costly and stressful.

    If they are in Australia its much easier. Be aware of the statutory defences to a defamation action which are explained here: Defences to Defamation in Australia - Legal Blog - LawAnswers.com.au

    Also if your business is a company, you may not be able to bring an action in defamation in the name of the company. However you may be able to bring an action personally if you have personally been defamed. Can a Company Sue under Defamation Law? - Legal Blog - LawAnswers.com.au
     
  4. Rod

    Rod Well-Known Member

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    Injurious Falsehood may be available for a business if defamation cannot be used.
     
  5. Flyboat

    Flyboat Active Member

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    The person is located in Australia & actually used their real name on one of their posts. The relationship I had with the person was "friend", but a misunderstanding occurred some 12 months back (they were never a client of mine).

    Now they have pasted really quite vicious reviews about myself & business, ie: all a scam, set up to milk clients, that I am dishonest, never give him your money, should go to jail, etc, etc

    Clearly quite malicious.

    I understand malice in defamation and can make a defence difficult. In my view, with this degree of malice - does this make a defence of "honest opinion" difficult to sustain?
     
  6. Victoria S

    Victoria S Well-Known Member

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  7. Flyboat

    Flyboat Active Member

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    My thinking is that defamation law is a specialist game, likely beyond the normal practice areas of a suburban solicitor. So asking for help on anyone who knows a Melb city firm.

    In terms of "Malice", I'm asking the question generically.

    The various legal papers online talk about how if Malice is an element of the defamation, a defence is weakened. Does it weaken the defence of "honest opinion"?
     
  8. Rod

    Rod Well-Known Member

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    Defamation isn't always specialist. The celebs go for big names because they can afford it.
     
  9. Matthew Karakoulakis

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    Hi Flyboat,

    Defamation is a very serious matter due to the adverse impact that it can have on your image and business, particularly in malicious circumstances.

    Would you like to make an appointment? Please feel free to contact me via the link Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange an appointment where we can discuss the full circumstances, the law and an appropriate course of action to obtain the remedies that you deserve. Your first appointment will be free.

    I can provide you with the tailored legal advice and representation that you require. My CBD practice focuses primarily on litigation, dispute resolution commercial law and general law, whilst we are experienced in defamation matters.

    Yours faithfully,
     

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