Unjust claims are one of the most slippery slopes regarding civil law. This is where things can quickly segway into defamation territory, which can be quite tricky to deal with. However, if you’ve been falsely accused, you must approach defamation of character lawyers to help close the case and prevent further damage.
So, let’s breeze through this blog as we discuss how a false allegations lawyer can help in such situations.
1. Lawyers Help Us Understand What counts as defamation
Defamation essentially comprises any act of communication published to a third party to tarnish the plaintiff’s reputation. Since defamation claims are often used to quell freedom of speech, the Uniform Defamation Law lays out three strict conditions that must be met for a case to be considered:
- It must involve an act of communication which is published and made available to access by a third party
- The communication should identify the plaintiff or their likeness, even if no names are taken
- The communication must prove harmful to the plaintiff’s reputation or esteem.
In other words, for any communication, be it a TikTok video, a piece of writing, or any circulated message deemed defamatory, it must reach a third party and cause proven harm to the identified plaintiff. The claim for unjust discrimination stands null and void unless the plaintiff can identify all of these points. This is to make sure there is no conflict with freedom of speech.
2. They inform us what kind of entities can claim defamation.
Generally speaking, large companies or corporations that endorse a “legal personality” cannot sue for defamation in all Australian territories and states. This includes trade unions, local councils, etc. Only Excluded corporations can sue for libel when:
- In case it is a non-profit corporation or not a public body
- Suppose the organization employs less than ten people and is unrelated to any public or a large parent corporation. This limit for the number of employees also includes part-time workers and interns.
Larger corporations and public entities can sue for defamation when an individual working there, such as their employee, has been named and affected by the unjust claim. This stands even if no names are mentioned, and the likeness is identified.
For instance, when an unjust claim has been made against a large corporation, they can sue if they can identify a singular employee who the publication of communication has harmed. A company can sue by proving the communication has affected a specific employee or individual.
3. They Identify where a defamation action can be taken
A defamation or unjust claim class action can be taken in any Australian territory or state where the potentially defamatory material was communicated or published to a third party. If it was disseminated through non-tangible material like a social media post or article, or defamation in the media, the lawsuit can be filed in any territory or state where it was made readable or downloadable. The location of the IP address does not matter in this case.
4. Aids in the process of convicting the accused
It is important to remember that defamation cases are usually a part of civil law. It only escalates to criminal defamation law when the accusations leveled are of criminal capacity. Disputes involving the former are resolved by parties involved through the court system without extra intervention from the police.
A person who has been successfully sued for defamation will not go to prison or have any criminal record in their name. Rather, they would have to pay the plaintiff for any damages due to their communication. In some cases, they might have to cover some of the costs of the court proceedings.
Conclusion
In conclusion, we would like to say that it brings us closer to how timely intervention from Defamation Lawyers Perth WA, can save you from getting falsely accused and incurring charges or penalties for unjust claims. If you think someone has been spreading misinformation about you, nipping the problem right in the bud is important. This is where the assistance of the best defamation lawyers in Perth comes in handy. If you are embroiled in such a situation, contact proficient lawyers for the best assistance.