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What is defamation in NSW? How does it affect you or your business? What are your rights?
Author: Stephen Wallace
9 June 2022
The law of defamation is concerned with damage to reputation. It involves the publication of material which can harm a person’s reputation. Small businesses also have some protection.
Defamatory material or publications can come in the form of social media posts, internet articles, Google or other online business reviews, Youtube, newspaper articles, photographs or even words spoken. Recently, the former NSW deputy premier John Barilaro was awarded $715,000 from Google in defamation damages over two Youtube videos. Google failed to remove the defamatory videos that were published late 2020.
Defamatory posts on social media and the internet can cause both economic and non-economic loss and harm. Economic loss includes a loss of income or sales caused by the publication of the defamatory material. Non-economic loss are non-monetary, for example, pain and suffering or mental anguish caused by the publication.
If you believe that you have been defamed by someone it is crucial that you act swiftly. In New South Wales, the limitation period for an action in defamation is 1 year following the publication of the defamatory material. Further, the loss and damage you might recover can be reduced if you delay.
How can we help?
We understand that time is of the essence. Our experienced team can bridge the gap between defamation law and you. Contact us for your free 30-minute initial consultation on 02 4220 7100, or email lawyers@alg.com.au.
For a more in-depth delve into substantive defamation law, make sure to check out:
Related Articles and Cases
Defamation Claims – what you need to know
Defamatory Comments on Social Media Posts
NSW John Barilaro v Google
Rose Bay Man v Facebook
Access Law Group
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