You can be defamed on Facebook. The rules relating to defamation apply to statements made on any type of social media just like any other type of publication, such as a newspaper. You can also be liable for re-tweeting or sharing defamatory statements made by another person and so be careful about what you post online!
What is defamation?
Defamation is where a person has written or said something about another person or small company, which is read or heard by at least one other person. The meaning of the words said or written, which are known as 'imputations', must be defamatory i.e. a reasonable person would think less of you if they were to read or hear the imputations.
Defamation was previously known as slander (oral defamation) or libel (written defamation).
A simple example of a defamatory statement is where Karen posts on the Facebook of ABC School that Bob, a father of a pupil at ABC School, owns a tiger. These words were read and shared between teachers, students and other parents. These words have meaning that Bob is a criminal, as it is illegal to own a tiger, and these words have the effect of lowering Bob in other people's opinions.
Does the statement have to be false?
A possible defence to any defamation claim or proceedings is that the statement is true.
There are a number of other defences to defamation proceedings, including:
- that the statement was a fair comment based on the facts known to the person at the time the statement was made,
- that the comments were innocently made and the publisher could not have known that the published material would be defamatory, or
- that the imputations are so trivial that the defamed person's reputation could not be harmed.
The 'onus of proof' (or the responsibility to prove to the Court) to support such a defence is on the defendant, that is the person who allegedly made the defamatory statement. The defendant must prove, with evidence, that the imputation was true. For example, Karen must prove that Bob is, in fact, a criminal.
Can you sue for defamation on Facebook?
You can be defamed on Facebook. The rules relating to defamation apply to statements made on any type of social media just like any other type of publication, such as a newspaper.
You can also be liable for re-tweeting or sharing defamatory statements made by another person and so be careful about what you post online!
What happens if you think you have been defamed?
You should get legal advice as soon as possible.
Under the Defamation Act 2005 (Vic), a special notice must first be sent to the person who published the defamatory material specifically identifying what was said and what are the imputations.
At Sharrock Pitman Legal, we can help you understand the possible legal ramifications of any statement that has been made and advise you on your options, both legal and practical. If you require assistance, please give us a call on 1300 205 506 or send an email to sp@sharrockpitman.com.au.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
Liability limited by a scheme approved under Professional Standards Legislation.
For further information contact
Mitchell Zadow
Mitchell is the Managing Principal of our law practice.
He is an Accredited Specialist in Commercial Law (accredited by the Law Institute of Victoria). He also deals with areas of Employment Law, Wills & Estate Planning and Probate. For further information, contact Mitchell on his direct line (03) 8561 3318.
