WOMF™ - Guide to Defamation

Defamation is the publication of words or images to a person that damages the reputation of another.

A defamatory statement is one that is likely to cause ordinary, reasonable people to think less of the person about whom the words or images are published. An inference arising from the statement that casts a defamatory "imputation" is enough to bring an action. It can relate to damage to either a personal or business reputation.

For a defamation action to be successful the statement must be "published" to a third person (i.e. to at least one person other than the person defamed) and must identify the person defamed.

In identifying whether a comment is potentially defamatory and whether it should not be entered:

Is the comment abusive or offensive? - Generally this will be defamatory and should not be entered.

Does the comment touch on or make allegations in relation to matters of a serious nature; such as improper behavior, dishonesty or other criminal activity? - Again such comments are all "high risk" and should not be entered. Legal advice should always be sought before entering such comments.

If the comment provides a negative opinion (i.e. criticism, deduction, judgment, remark, observation, or conclusion) is there any factual statement supporting that opinion? - opinions are generally offered protection provided that the factual basis for the opinion is stated (unless widely known) and the subject matter is a matter of public interest.

It is not possible to state comprehensively what is and what is not defamatory. Determining whether a statement is defamatory involves deciding not only whether the statement would tend to damage the reputation of another, but also whether one of the various legal defenses may be available.

For example the reporting on news programs of details about evidence given in legal proceedings may carry imputations that clearly damage that person's reputation. These statements however will be protected by legal defenses available in relation to the reporting of legal proceedings.

It is recommended that you obtain legal advice if allegations are made that a statement published on the WOMF™ site is defamatory.

Disclaimer: This Guide is intended for information purposes only and is not intended for legal advice.