Defamation By Any Other Name

Defamation cases arising out of posts on social media such as Facebook and Twitter are popping up around the globe. See, e.g., Facebook and defamation: When a post costs you dearly. In most jurisdictions the specific identification of the individual being defamed is traditionally an essential element of the claim in a defamation lawsuit. A recent decision in an Australian court demonstrates a publication can be defamatory even if it does not refer to that person by name if it includes sufficient facts to enable an ordinary reasonable person to identify the subject of the publication.

In the Australian case of Rothe v Scott, Rothe sued Scott over a Facebook posting in which Scott insinuated Rothe was a criminal and conducted his businesses in a manner dangerous to the community by providing accommodation to persons involved in similar criminal conduct. The post did not specifically name Rothe, but referred to his motels. The court found the post to be highly offensive and the publication had a seriously detrimental impact on Rothe. In finding Scott liable to Rothe the court found Rothe to be an impressive witness and upright member of the community; in other words, the posts were untrue. Scott was ordered to pay damages of A$150,000, an amount discounted due to the limited extent of the publication and time it remained on Facebook.

What a litigant is required to prove to prosecute or defend against a defamation claim may vary by country, and these requirements are evolving to account for the unique nature of social media postings. If you or your business has been the target of a negative or derogatory social media post, whether or not you or your business has been specifically identified by name you should meet with your Ally Law member firm attorney to determine whether you have suffered damages and whether you have legal recourse. Ally Law member firms have professionals versed in defamation law, and also able to quickly ensure the removal of a damaging social media post as warranted. For more information about Ally Law member firm services in this area, contact us at team@ally-law.com.

Click here for the original article by Michael Main and Jade Saunders of Ally Law member Russell Kennedy.