In this increasingly modern society where we have the ability to publish our views to large numbers of people through social media, claims of Defamation are on the rise. In part that is why the Queensland Government introduced the Defamation Act in 2005.
Generally speaking, defamation is an injury to reputation or character by spoken or written words that carry an imputation that would reasonably cause others to “shun, ridicule or avoid” the person referred to by the spoken or written word.
In Queensland, the Defamation Act sets out the majority of the law of defamation but as to what constitutes a defamatory statement, relies on common law interpretation, or in other words, judicial thought over the years.
It’s important to note that given the adoption of technology over the years, the law to also has had to adapt. Accordingly, publication by text message, social media, chat, blog or email is covered by the exact rules that apply to a news article published in a more traditional manner, like a newspaper or magazine.
OMB Solicitors has considerable experience acting on behalf of clients who have been defamed and also defending clients that have been accused of defamation. We have a good understanding of the alternative dispute resolution requirements contained in the Defamation Act and how to progress a matter through the Court system if the matter cannot be resolved.
If you consider that you have been defamed or you find yourself in a situation where someone is alleging that you have defamed them then OMB Solicitors can help.