Defamation law is in the spotlight after several high-profile cases in Australia. So how does defamation law work?
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00:00The Ben Robert Smith defamation case.
00:01Ben Robert Smith's defamation case.
00:03Bruce Lehrman's defamation case.
00:05Bruce Lehrman's defamation trial.
00:08Defamation law is in the spotlight after several high-profile cases in Australia.
00:14So how does defamation law work?
00:17Defamation is the publication of material that seriously harms a person's reputation.
00:23The law gives a person with a wrongfully damaged reputation
00:27the right to take legal action against those responsible.
00:31To succeed in a defamation case, a plaintiff must prove that the material was published
00:36to a third party, identified them, and seriously harmed their reputation.
00:41Since 2021, Australian law has also required that the plaintiff prove
00:46the harm to their reputation is significant.
00:50People accused of defamation may have several defences,
00:53such as proving what they said was true, an honest opinion, or a fair report in the public's interest.
01:00In 2024, law reforms were made to modernise defamation law for the digital age.
01:06Given the complexity and potential costs involved, both plaintiffs and defendants
01:10are advised to seek legal guidance before proceeding with defamation actions.