Defamation Law
Protecting reputations and pursuing claims for defamatory publications in print, online, and social media. Acting for both plaintiffs and defendants across NSW.
Defamation law protects individuals and businesses from false statements that damage their reputation. In the digital age, defamatory content can spread rapidly across social media, review platforms, and online forums, causing serious harm to personal and professional reputations.
Dilan Lawyers acts for both plaintiffs (those whose reputations have been damaged) and defendants (those accused of defamation) in defamation proceedings in NSW. We provide frank, commercially realistic advice on the merits of defamation claims and the risks of litigation.
The Defamation Act 2005 (NSW) governs defamation law in NSW. Recent amendments in 2021 introduced a serious harm threshold, new defences, and a new concerns notice process. It is important to obtain specialist legal advice before commencing or responding to a defamation claim.
Our Services
Concerns Notices
Drafting and responding to concerns notices under the Defamation Act 2005, the mandatory first step before commencing proceedings.
Plaintiff Claims
Pursuing defamation claims on behalf of individuals and businesses whose reputations have been damaged.
Defendant Representation
Defending defamation claims and advising on available defences including truth, honest opinion, and qualified privilege.
Online Defamation
Pursuing claims against anonymous online publishers, social media users, and review platform contributors.
Takedown Requests
Seeking removal of defamatory content from websites, social media platforms, and search engines.
Injunctions
Seeking urgent injunctions to prevent further publication of defamatory material.
Media Defamation
Acting in defamation matters involving newspapers, television, radio, and online news publications.
Business Defamation
Pursuing claims for damage to business reputation caused by false statements about products, services, or business conduct.
Frequently Asked Questions
What is defamation?
Defamation occurs when a person publishes material that contains a defamatory imputation about another person, that is, material that tends to lower that person's reputation in the eyes of ordinary reasonable people, or that causes them to be shunned or avoided.
What is the serious harm threshold?
Since the 2021 amendments to the Defamation Act 2005, a plaintiff must establish that the publication of the defamatory matter has caused, or is likely to cause, serious harm to their reputation. This threshold is designed to filter out trivial defamation claims.
What is a concerns notice?
A concerns notice is a formal notice that must be sent to the publisher of defamatory material before commencing defamation proceedings. The notice must identify the defamatory imputations complained of and specify the harm caused. The publisher then has 28 days to make an offer to make amends.
Can I sue for defamation on social media?
Yes. Social media posts, comments, and messages can be defamatory. However, identifying anonymous publishers and establishing that the serious harm threshold is met can be challenging. We can advise you on the prospects of a claim and the options available to you.
What defences are available to a defamation claim?
The main defences under the Defamation Act 2005 include: justification (the imputation is substantially true), honest opinion (the imputation is an expression of opinion on a matter of public interest), qualified privilege (the publication was made in circumstances where the publisher had a duty or interest to publish it), and the new public interest defence introduced in 2021.
How long do I have to bring a defamation claim?
The limitation period for defamation claims in NSW is 1 year from the date of publication. In some circumstances, this period can be extended to 3 years. It is important to seek legal advice promptly if you believe you have been defamed.
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