AIT - Online defamation

defamation = the act of damaging the good reputation of someone
defamation = where one person communicates, by words, photographs, video, illustrations or other means, material which has the effect or tendency for damaging the reputation of another
online defamation = putting someone down online eg in Facebook or other internet webpage
defame = verb meaning to damage the good reputation of someone
sue = start legal proceedings against
counteract = act against
pay damages = pay money for hurting someone's reputation

The Concept of Defamation

http://www.findlaw.com.au/articles/4237/social-media-and-defamation.aspx
Defamation: It is defamatory to: · State that someone is corrupt, dishonest or disloyal; · State that someone is suspected of committing, or alleged to have committed an illegal act; · Ridicule an individual; · State that someone has a contagious disease, is suffering from insanity, or says something that is likely to cause the person to be shunned or avoided, even if there is no suggestion of bad character.
Before 2006, Australian states each had different Defamation Acts.
The Defamation Act (2006) started in Australia 1st January 2006

Legal Action Available in Australia to Counteract Online Defamation

firstly you can write to the web host and ask for item to be removed
you can write to the person who wrote it and ask for them to remove it
you can write to the person and ask for them to make amends, remove it, pay damages
you can take legal proceedings, but get legal advice first
you can sue anyone involved in the publishing. However read terms and conditions for use of an App. eg Facebook.
you can take someone to court if you believe you have been defamed
get legal advice
try to get it solved out of court
if successful you can be paid damages (money) and also your court costs may also be paid

What to do if you have defamed someone online

If the material is indeed defamatory, remove the material immediately, and offer to make amends if the victim has made a complaint that they have been defamed, within 28 days. You can make amends in writing and it must include:
Offer to publish a reasonable correction
Offer to pay expenses reasonably incurred by the complainant to the time of the offer.
The victim can accept your offer of atonement, the action ends there and you can count your blessings that the victim is forgiving in nature. However, if the victim is still bitter about the whole ordeal, and takes you to court, you do have a defence to defamation if the court finds that your offer was indeed reasonable. An apology can also be useful and it's not used as an admission of liability as well.

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