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BRO ADCAS TING
C ODES OF
PR A C TISE
DEF AMMA TION
A defamatory statement is a false statement of fact that exposes a person to hatred, ridicule, or
contempt, causes him to be shunned, or injures him in his business or trade.
Defamation of character occurs when someone makes a false statement about you that causes
you some type of harm. The statement must be published (meaning some third party must have
heard it), false, and it must result in harm, usually to the reputation.
Defamatory matter can also be broadcast or spoken (e.g., a person might be defamed on a ra-
dio show or in a public presentation). If you state or spread something defamatory in any public
forum, including over the internet, you could be taken to court.
Defamation law is designed to protect all Australians from false or damaging statements being
made about them that may cause harm to their personal or professional reputation. It enables
those who have been defamed to seek compensation for financial and other losses resulting
from a defamatory publication of any kind.
In recent years, defamation claims have become more prominent given the nature and volume of
content published on digital platforms and social media.
Defamation law aims to strike a balance between permitting the free distribution of information,
ideas, and opinions, and protecting individuals and small businesses from having their reputa-
tions tarnished or destroyed.