You’ve been defamed online?

Many businesses rely heavily on their online reviews to attract further business. This is a great strategy if the reviews are positive, but what happens when you receive an online comment that is not only nasty but completely unfair, incorrect, or defamatory?

Understanding Defamation

Defamation occurs if a comment or publication damages your reputation in a manner that causes others to avoid, ridicule, or shun you. Consider how an unreasonably negative online review could affect your ability to attract new customers. Or your boss reads a defamatory comment and you’re summarily sacked. You have the right to recover damages for this loss.

Your Options for Addressing Defamation

If you’ve been defamed online, you have two main options:

• Removing the Defamatory Statement: Croy Legal can demand the removal of the defamatory statement from the search engine or publishing site. If successful, the comment may be removed promptly.
• Pursuing Legal Action: If removal isn’t successful, you can instruct Croy Legal to bring a claim against the search engine or the individual responsible for the defamatory comment.

Defending Against Defamation Claims

As the saying goes “The truth shall set you free” and that is certainly the case as the most common defence against defamation is that the statement is true. However, in Australia, if you plead truth as your defence, the onus is on you to prove that your assertion is true. This is extremely difficult to do. The risk is that in the event your defence fails, you have inadvertently repeated the defamation in court. This may substantially increase and aggravate the damage suffered by the plaintiff.

Should you or your business experience any defamatory online reviews, contact Croy Legal on 1300 123 876 for a free consultation. We can act fast and decisively on your behalf.