Defamation Laws and Social Media
Despite the relative anonymity internet users enjoy, there is a common yet misguided belief that anything can be published online without legal consequences. People enjoy greater connectivity and freedom of expression than ever before through social media platforms, yet they can still be liable for damage and defamation as a result of content they publish online. Defamation in social media doesn’t take into account whether someone has been offended or insulted, says Melbourne solicitor Glenn Duker. It instead focuses on whether the perception of the offended person has been harmed through the publication of words or pictures. If you believe you’ve been defamed online and wish to press charges, the following information may be useful.
Is it Defamation?
To be defamatory, the following needs to apply:
- The material must be communicated to at least one other person
The most relevant aspect of a defamation charge is that the material must be communicated to a third party who is able to read, write, hear or see it. If the material hasn’t been consumed by a third party, a defamation suit isn’t possible.
- The material must be defamatory
Defamation can be divided into the two categories of libel and slander. Courts use applicable tests that determine whether the offending material is indeed defamatory. In defamation suits, courts also consider the material communicated through a number of perspectives and contexts, says Glenn Duker.
Social media is a wonderful platform for people to connect with each other. Still, it pays to be mindful of what you publish online. Lawyer and solicitor Glenn Duker can help you if you’ve been defamed online. Call us today on 1300 907 335 to see how we can help.
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