Not many people are aware of their rights about defamation. According to defamation act 1992, if someone makes false allegations about you, or publishes something that is derogatory to your reputation, then you can sue the person or the entity in the court of law.
Defamation laws are almost like the middle-ground to freedom of speech and protection of reputation of individuals or companies. You are allowed to say almost anything and express your opinions, but there are a few lines that you cannot cross on the pretext of freedom of expression. Publishing false information and making fake allegations, clearly falls under the preview of defamation.
If you are a victim of defamation, then you have all the rights to sue the person or the organisation. You can get them sentenced for the crime, or make them give you the compensation for your reputation damage. In this post, we shall look at some of the important factors that you need to consider in order to make successful defamation claims.
Before making the claim, there are a few important things that you will need to confirm:
- The statement or the action made by the individual is indeed defamatory to your reputation.
- The defamation statement should be conveyed to others, or published on a public forum.
If you are making a claim on a personal front, then you do not have to prove any losses or damages in particular. On the other hand, if you are making a defamation claim as a company or an organisation, then you will have to prove exactly the kind of losses that your company had to incur, because of the false allegations or actions of others.
It is also important for you to understand what kind of statements are defamatory, before you go ahead with suing others.
Well, there is no specific definition on what is considered as defamatory, because there are different variations given by different courts. However, they are the kind of statements or actions that are not acceptable to the rational members of the society. According to the defamation removal law they are made for inciting hatred, insulting, or ridiculing others.
The courts will also assess the kind of words that are used in the statements, in order to determine if they have the element of antisocial behaviour, dishonesty, incompetence, or fraud. However, people cannot get away by saying that the defamation was not done on purpose or was unintentional, if their words suggest the opposite.
It is also important for you to remember that the defendants will also have a few options available for defending their case as well. They can justify their actions by admitting that it was their honest opinion, or if they did so with the intention of genuine public interest.
What can you gain by filing your defamation claim:
You can ask for of monetary compensation that is needed to restore your reputation. Furthermore, you can stop those statements from getting published again in future. You could also make the defendants retract their statement, and issue an apology.
Contact dependable defamation law experts:
In any case, you will need to hire experienced lawyer to represent your case. Make sure that you conduct proper research before choosing the lawyer to fight your case. By choosing someone like Aaron Minc defamation removal law expert, you can be sure of the fact that the justice will be served.