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ARTICLE · 15 AUGUST 2010

Defamation - Q & A

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Defamation law is all about protecting reputation. Where a person has published something whether orally or in permanent form about somebody else to a third person or persons which is defamatory, then the person defamed may have an action in defamation.

AustraliaLitigation, Mediation & Arbitration
Richard Ottley
Richard Ottley
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What is defamation all about?

Defamation law is all about protecting reputation. Where a person has published something whether orally or in permanent form about somebody else to a third person or persons which is defamatory, then the person defamed may have an action in defamation.

Something is defamatory if it causes the audience to think less of the person defamed or is likely to cause them to shun or avoid that person. A communication of defamatory material can take many forms including novels, poems, cartoons, paintings, photographs, songs and satire.

Why does the law of defamation matter?

As Shakespeare said in Othello (Act 3 Scene 3):

Good name in man and woman, dear my lord,

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