Has someone ever written anything bad about you online? Was it so bad that you feel it damaged your reputation or hurt your business? If so, the information in this article can help you.
There are all sorts of people in this world. Some have good, kind spirits while others only seek to hurt and ridicule. Social media is the perfect platform for this latter category of people. They can rant, shame and disparage people freely, most of the time without having to face any consequences. These comments can do real damage to a person’s reputation and general wellbeing. If this has happened to you, there are things you can do.
The first thing you need to know is that the law of defamation in NSW allows you to sue someone if they have attacked you online with untrue and defamatory statements. Generally speaking, you may have a case to demand an apology and compensation if:
If all three of these things occur, you may have a case to sue for defamation. Winning the case depends on evidence you’ve collected. The very best evidence occurs in the heat of the moment. Whilst it is difficult to think clearly at this time, keeping good records will maximise your chances of success. Here’s the steps you should take:
This information is critical for the next step; to issue a cease and desist letter (technically called a concerns notice). A concerns notice sets out what the comment actually was and why it was defamatory. It also demands an apology, withdrawal of the comment and compensation. Here is a template concerns notice if you want to use it.
We hope you found the information in this article valuable but keep in mind it is no substitute for legal advice. If you need further legal assistance with your defamation case please contact us at Know the Law. We have a good network of lawyers who can help you should you need it.
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Adam Ahmed is an Australian international tax lawyer. Adam has over a decade of experience working at 3 of the big 4 accounting firms and one of the top tax law firms in Australia. He is currently the managing director of Adam Ahmed & Co. This article is reproduced from Adam Ahmed & Co.