Defamation is also one of such legal terms that everybody has heard of, yet not everyone knows. As social media, online reviews, and instant communication take over the life of modern society, a greater number of individuals is now concerned with the likelihood of something they say or said about them to cross the border into the field of legal. Regrettably, the myths and misconceptions surrounding the defamation tend to instill fear that is unjustified, or even worse, make errors that are very expensive.
To aid in clarifying the situation, our lawyers have disaggregated the top 5 myths about defamation and given the truth behind them.
This is, perhaps, the most widespread mistake. Defamation is not connected with causing emotional pain to someone, it is simply a false statement of facts which damage the reputation of another person.
The legislation draws a sharp distinction between opinion and fact. When you write this, to tell about this doctor, I believe he is not friendly, it is not defamation, it is your personal opinion. However, when you put up, this doctor has been faking medical records and it is false, it qualifies as a factual statement, which may destroy the professional reputation of the doctor and may be defamatory.
The moral of the story: critical views can hurt, but they tend to be covered. Where there is a risk of defamation it is in the false statements of fact.
Most individuals think that by deleting a post or a comment, they have gotten away. Sadly, it cannot be like that.
A statement can still be harmful even though it has only been posted, although it is just a short post. Screenshots, shares, and online archives have the potential to save the content long after you believe the content has vanished. The act of deleting a post could be helpful in preventing further harm although it does not take away the responsibility of publishing in the first place.
In case you posted something doubtful, it is a wise thing to delete it, which will not always protect you against a claim in case the information was defamatory.
The second common misconception is that only text can be defamatory, like the articles, emails, or even posts on a social network. The fact is that defamation applies to the written and spoken words.
Defamation that is published or written is called libel.
Defamation made verbally is called slander.
It can be said that any harmful remarks said in a podcast, video stream or even during a talk at a huge gathering can result in legal ramifications. Both oral and written, in case the statement is false, harmful, and shared with a third party, it may constitute defamation.
This one is flat-out wrong. Truth is in nearly all instances an absolute defense to defamation. Another argument that may be used to defend what you have said is that it is legally unlawful to regard it as defamatory as long as it is not damaging to the reputation of the other person.
The thing is that it is difficult to prove the truth. In case of facing an allegation of defamation, you might be expected to support your defamation by providing some material i.e. documents, recording or testifying an eye witness. It becomes extremely difficult to defend a case without evidence.
Hence as much as truth is the best defense, you need to have the facts and evidence to back up whatever you are saying.
The law of defamation treats those people, politicians, celebrities, and influencers differently. Since they have chosen to place themselves in the limelight, the law imposes a greater burden on them to prove that they are successful in a defamation case.
Namely, to demonstrate a false statement, a public personality has to demonstrate that the statement was made with actual malice, that is, the person who made it was aware that it was false or simply did it carelessly without thinking about the veracity. This is far more difficult to establish than the criteria of ordinary people.
In other words, a private citizen may have an easier time bringing a defamation claim than a famous actor or political leader.
Defamation law is more nuanced than most people realize, and misinformation only adds to the confusion. Not every hurtful statement is defamatory, deleting a post doesn’t erase liability, and both spoken and written words can cause legal trouble. Truth remains the strongest defense, and public figures face unique challenges when trying to prove harm.
If you believe you’ve been defamed—or if someone has accused, you of defamation—don’t rely on myths or guesswork. An experienced Defamation Lawyers Perth can help you understand your rights, assess your options, and protect your reputation.