As lawyers, we are regularly asked by school leaders to
consider statements made in the media or online to determine
whether something said or posted by a disgruntled parent, student
or past employee is defamatory.
Defamation law aims to balance the right to protect the
reputation of individuals and some corporations (particularly small
businesses and not-for—profit organisations including
independent schools) with the public's right to freedom of
speech.
So how can you work out if a statement is defamatory and if a
claim can be brought against the person who made it?
You should start by considering the following elements:
- Has the statement been published? This means it has been shared
to other people in some fashion (other than sent directly to the
school itself).
