What is defamation, and, in this social-media age, what must a person do to be sure to avoid getting caught up in a lawsuit?
Defamation refers to the process of "defaming" a person, so to speak.
If someone feels published material seen by more than one person has lowered his or her reputation in the eyes of the public, that could be grounds to file a defamation case.
But University of Sydney Law School professor David Rolph says, to constitute defamation, those character-damaging comments will need to be proven false.
“If you tell the truth about someone, the factual truth about someone, then that's not defamatory, because you're only entitled to the reputation that you deserve, not the reputation that you have."
And Professor Rolph says there are other defenses to defamation claims, too.
“You can also have a complete defense to defamation if you are exercising a right of ‘fair comment,’ or what's probably better known as ‘honest opinion.’ So if you express your opinion about a matter of public interest, and it’s based on true facts, then you're entitled to whatever genuine belief that you have.”
Former Queensland premier Joh Bjelke-Petersen and former Victorian premier Jeff Kennett successfully sued media outlets in the 1980s and '90s for defamation.
More recently, former Liberal MP Sophie Mirabella was found to have been defamed by a rural Victorian paper, while actress Rebel Wilson sued Bauer Media for $4.1 million over articles she said damaged her career by depicting her as a liar.
But it is important to note defamation is increasingly involving everyday Australians, something Maurice Blackburn associate lawyer Patrick Turner attributes to the rise of social media.
“There has definitely been a proliferation, I think, of average, everyday people who are increasingly looking to defamation law to seek some form of redress where people are making defamatory or untrue statements online."
Professor Rolfe says he expects that trend to continue.
“The prospects of private individuals being defendants is sort of the new phenomenon, because, of course, particularly social media platforms, which allow us to be publishers to the world at large, have increased the opportunities for people to damage other people's reputations to a much wider audience."
Professor Rolph says Australian law tends to favor defamation plaintiffs -- the parties making the claims -- rather than the defendants the complaints are made against.
He says that is the opposite from the United States, where the constitution's First Amendment constitutionally protects free speech.
"Defamation laws in Australia, and in lots of places around the world, derived from English law, are more favorable to plaintiffs. And we can contrast this in the United States where, because of their First Amendment, defamation law is much more favorable to defendants of free speech and much less protective of reputation.”
So how can everyday people avoid getting caught up in defamation cases?
Maurice Blackburn's Patrick Turner says it is simple: be wary of what you post online.
“ I think it's very important in the social-media age to be very careful of what you're posting. Think before retweeting an item or sharing it on Facebook. The temptation can often be, I think, to vent on these platforms. So it's important to be wary about what you say, particularly where someone can 'screenshot' what's been said. So simply deleting it after the fact won't necessarily solve the problem."
Mr Turner says anyone who feels he or she has been defamed, or who has been accused of defamation, should seek specialized legal advice.
Indian Australian Sonika says "if you have some issues with someone please refain from puting it on socail media, it can potentially do more damage to relationships."
