Strange indeed........expect the unexpected In Australia, a...

Strange indeed........expect the unexpected

In Australia, a person may bring defamation proceedings if he or she considers that the publication of a statement caused damage to their reputation. When defamation is alleged in Australia, the writer or publisher can assert various defences to the alleged false statement, including:

• The statement and the alleged imputations at issue were true when made.

• The statement was a "fair comment" or "honest opinion" – that is, the statement is on a matter of public interest, it is comment or expression of opinion rather than a statement of fact and is based on proper material.

• The statement was made in circumstances attracting privilege.
• It was not the primary publisher of the statement.
• It did not know, nor ought reasonably to have known, that the statement was defamatory.
• The company’s lack of knowledge was not due to negligence.

In Australia, legislation has limited a corporation’s ability to sue for defamation. Defamation actions by companies are limited to not-for-profit corporations, or corporations that employ fewer than 10 people and are not a government body or authority.
However, the directors of a corporation may bring defamation proceedings if they were defamed as individuals. Companies may bring proceedings for “injurious falsehood”, although it is generally more difficult to bring such a claim because of the evidentiary burdens involved.