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DEFAMATION

THE HUMAN ELEMENT IN RESTORING YOUR REPUTATION AFTER PUBLICATION

In recent times and most definitely since the impact of Coronavirus (COVID-19), Salerno Law has identified an increase in matters regarding defamation and social media. The influx of social media platforms and the way in which we advise clients concerning oral and written statements has significantly changed given the evolving developments across the wider use of the Internet.

A development of note is the concern around the rise of social media and the re-publication, sharing and/or retweeting of defamatory material, commonly known as the grapevine effect. Unfortunately whilst living in an era where the Internet can be advantageous to most, the potential ongoing publication of defamatory material means damage to one's reputation can be exacerbated within seconds.

CONSTRUCTIVE, EFFICIENT, AND EFFECTIVE DISPUTE RESOLUTION

The majority of the time, defamation disputes are resolved by the delivery of Concerns Notice for the purposes of making an offer to make amends pursuant to the Defamation Act 2005. We caution clients as to the seriousness of defamation and should you commence a claim, you have twelve (12) months from the date of the publication(s) was/were made to institute court proceedings. Should you fail to do so, you may be statutorily barred from obtaining any consideration before the court due to the expiration of that time period.

WE HAVE EXPERTS WHO CLOSELY FOLLOW CHANGES IN THE LAW

We can assist with both pursuing defamation actions and a range of defences provided for in the Defamation Act including:

  • Justification

  • Contextual truth

  • Absolute privilege

  • Public documents

  • Publication concerning public interest

  • Honest opinion

  • Triviality

Our defamation experts keep themselves updated with changes in the law, including the 1 July reforms of the Defamation Act as well as recent High Court cases which explored the use of social media in the publication or spread of potentially defamatory imputations or material. Should you be served with or wish to issue a Concerns Notice or defamation claim, we recommend that you immediately seek legal advice in protecting your interests.