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Video Transcript
Libel, Slander, and Defamation — What’s the Difference?
In Australia, we don’t legally distinguish between libel and slander like other countries do. Instead, we use the unified term “defamation”. But historically, libel referred to written defamation, and slander to spoken defamation.
Now under Australian defamation law, what matters is the publication of material that harms a person’s reputation, regardless of whether it’s in print, online, or spoken on a podcast.
To bring a successful defamation claim, the publication must:
1. Be defamatory – meaning it would lower the person’s reputation;
2. Identify the person – directly or indirectly;
3. Be published to at least one other person; and
4. Cause serious harm.
But there are important defences too, like truth, honest opinion, and qualified privilege.
And if you’re a business, be aware: only excluded corporations — usually those with fewer than 10 employees — can sue.
At Stonegate Legal, we regularly help individuals and small businesses navigate the complex terrain of defamation.
If your reputation is under attack — or you’ve been accused — reach out. We’re here to help.
Contact us for a free 30 minute consultation today.
Stonegate Legal
At Stonegate Legal our lawyers assist and advise people, businesses and companies on all commercial litigation, debt disputes, and insolvency matters.
Litigation – we act for all businesses, companies, partnerships, and people who are involved in commercial or civil disputes, we act for both plaintiffs and defendants in Court proceedings.
Debt Disputes – we act for anyone involved in a debt dispute. We act for creditor plaintiffs seeking to recover a debt, and we act for debtor defendants seeking to dispute an alleged debt owed by them.
Insolvency – we act for people and companies facing insolvency against bankruptcy trustees and liquidators. We also act for insolvency practitioners against people and companies facing insolvency.
Construction Disputes – Stonegate Legal can assist in resolving all building and construction disputes, payment claims, subcontractors’ charges, and adjudications.
Australian Consumer Law Disputes – ACL disputes including misleading and deceptive conduct, unconscionable conduct, and breaches of statutory warranties.
Defamation – Advice and assistance in relation to legal action over publications which contain defamatory imputations and any defences to a defamation action.
Partnership Disputes – Advising and assisting with partnership disputes and helping to reach a good resolution, or protect the client upon exit of the partnership.
Lease Disputes – Advising and assisting on commercial lease disputes, residential tenancy disputes, retail shop lease disputes, breaches and unpaid rent recovery.
Wills & Estates Litigation – We offer advice and assistance in relation to wills and estates litigation, and claiming against an estate making a family provision applications.
Credit Contracts – We draft credit contracts and applications. Clauses designed to protect creditors in the event of a default and/or event of insolvency.
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