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ARTICLE · 20 FEBRUARY 2020

Defamatory text messages and a trend towards protection in the virtual arena

The case shows the Court's willingness to crack down on reputational attacks made through digital communication pathways.

AustraliaLitigation, Mediation & Arbitration

On 7 February 2020 the Supreme Court of Western Australia held that Mr Gregory McIntosh had defamed Mr Paul Andrew Armstrong when he sent four text messages to a close friend that made certain imputations about the Plaintiff. The Plaintiff was awarded $6,500 in damages, including $1,500 for aggravated compensatory damages, and an injunction was issued against Mr McIntosh restricting him from publishing the words or any similar words defamatory of the Plaintiff.

The decision handed down in Armstrong v McIntosh [No 4] [2020] WASC 31 has revealed the Court's willingness to crack down on reputational attacks made through digital communication pathways, and is a very real reminder of the need to be wary when sending private communications that contain any potentially defamatory content. This standpoint is demonstrated by the Court's approach towards:

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