如果你在澳洲被”吐槽”或诽谤，应该怎么办？| Understanding Defamation in Australia
In limited circumstances, the court may extend the period in which to commence an action to a maximum of 3 years, for example where the publisher cannot be identified, or the plaintiff was not aware of the publication within one year.
The material has to be published to at least one person other than the plaintiff. For example, a person can’t be defamed by a letter which only they receive, and which is not published to a wider audience.
Publication is defined very broadly. Publication can include, but is not limited to:
• spoken words, for example during a radio broadcast or television program
• written or printed materials, including emails, social media posts, blogs and websites
• online reviews
• drawings and cartoons
• poetry, and
• live theatrical performances
For a defamation claim to be successful, the plaintiff has to prove that they were identified in some way by the publication. For example, their name might have been used, or their photo might have been published together with other defamatory remarks. In some cases, describing the characteristics or identifying features of a person may be enough to show that they were identified.
3. The information had defamatory imputations about the plaintiff.
A communication is considered defamatory where it causes others to think less of the plaintiff. It can disparage the plaintiff, cause other people to shun or avoid the plaintiff, or subject them to hatred, public ridicule or contempt.
The plaintiff doesn’t need to establish any actual loss as a result of the communication. The key consideration is whether the plaintiff’s reputation would be injured in the mind of an ‘ordinary reasonable person’.
The Uniform Defamation Laws limit the ability of corporations to sue for defamation. The only corporations or organisations that can sue for defamation are not-for-profit corporations (not including local government or public authorities) and corporations that employ fewer than ten people.
The defence of justification will apply where the defendant can establish that the defamatory imputation is substantially true.
2. Contextual truth
The defence of contextual truth will be made out where the publication also carries other imputations which are substantially true, and because of the truth those other imputations, the allegedly defamatory imputations are not harmful to the reputation of the plaintiff.
3. Absolute privilege
Where the defamatory imputations are published during an occasion of absolute privilege, such as during parliamentary proceedings or during a hearing of a judicial body, then the statements are made subject to privilege and the conveyer of those statements cannot be held liable for such.
4. Public Documents
It is a defence to prove that the defamatory matter was contained in a public document, or a fair summary of a public document, unless the matter was not honestly published for the information of the public or the advancement of education.
5. Fair report of proceedings of public concern
It is a defence to prove that the defamatory material was published as a part of a fair report of proceedings of public concern or was published in an earlier report of the same proceedings and the publisher had no reason to believe that the earlier report was not fair. The definition of proceedings of public concern is fairly broad, including but not limited to parliamentary or court proceedings.
6. Qualified privilege
It is a defence to prove that the recipient of the material has an interest in having information on a subject, the material is published in the course of providing the recipient with information on that subject and the defendant acted reasonably in publishing that material.
It is a defence to prove that the publisher, or the publisher’s employee, was expressing their opinion rather than making a statement of fact, the opinion was about a matter of public and the opinion is based on proper material. Material will be proper material if it is substantially true or was published on an occasion of privilege (absolute or qualified), or was material published under the protection of the public documents or reporting proceedings of public concern defences.
8. Innocent dissemination
It is a defence to prove that the publisher only published the material in his/her capacity as a subordinate distributor, agent or employee of another entity, and the publisher did not know, or have reason to believe that the material was defamatory, and the publisher’s lack of knowledge is not the result of the publisher’s negligence.
It is a defence to prove that the circumstances of the publication are such that the defendant is unlikely to suffer damage.
8. 无罪的传播 (“仅仅是听命行事”)
9. 琐事 (“聊聊很无所谓的八卦”)
When faced with a claim for defamation, it’s important to consider apologising or recanting the defamatory statement. An apology doesn’t constitute an admission of guilt and is not relevant in determining the fault or liability for a defamatory publication.
2. Offer to make amends
Where a defamatory publication has been made, the publisher may make an offer to make amends to the aggrieved person.
An offer to make amends must be made within 28 days of being served or presented with a ‘concerns notice.’ An offer to make amends cannot be made if a defence has already been served in a legal action brought by the aggrieved person against the publisher.
There is a statutory maxiymum of $250,000.00 for non-economic damages, being damages that have been suffered by cause of the defamation but do not constitute a direct economic loss under section 35(1) of Defamation Act 2005 (Qld). General harm to the plaintiff’s reputation would be a non-economic loss. However, if the plaintiff loses a specific commercial opportunity as a result of the defamation, then the value of that opportunity would be an economic loss.
The Plaintiff may also seek an injunction against the Defendant to require the removal of the defamatory material and/or prevent the Defendant from publishing further material on the subject.
根据Defamation Act 2005 (Qld) 第35(1)条的规定，非经济损失的法定最高限额为250,000.00澳币，这是由于诽谤而遭受的损失，但不构成直接经济损失。对原告声誉的一般损害将是非经济损失。但是，如果原告由于诽谤而失去了特定的商业机会，那么该机会的价值将是经济损失。
1. Concerns Notice
The first step is drafting and issue a “Concerns Notice” pursuant to section 14 of Defamation Act 2005 (Qld). The Concerns Notice will put the defendant on notice of their defamatory actions and stipulate the conditions for the removal of the defamatory material.
2. Court Proceedings
If the Defendant fails to offer to make amends in accordance with the Concerns Notice, then the Plaintiff will be required to commence proceedings for defamation in either the District Court of Queensland or Supreme Court of Queensland.
第一步是根据Defamation Act 2005 (Qld) 第14条起草并发送“关注通知”。关注通知将通知被告其诽谤行为，并规定了移除诽谤材料的条件。