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Defamation – what you should know

Defamation – what you should know

defamation law - what you should know

Separation is a difficult and emotional time often characterised by unjustified remarks

The rise of social media has enabled former partners going through one of the most stressful life events to publish defamatory remarks about their former partners. If there are proceedings arising out of the breakdown of a relationship it is an offence pursuant to Section 121 of the Family Law Act 1975 to publish anything in relation to those proceedings which includes a prohibition on social media. If a party ignores this prohibition and shares information it is an offence but also the person who publishes the defamatory material can be liable to a claim by the other party for damages for defamation. If you have been defamed by a former partner you should request your former partner, or whoever has published the defamatory post, to have the post removed or seek damages for the harm caused by the defamation.

If you are experiencing the stress of separation and are feeling overwhelmed, angry or upset it is better to seek emotional support and not try and deal with your emotions alone. The Family Court has a useful brochure “Separation and Stress” a link to which we attach Getting help is better than posting angry words.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Family Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.