Slander is a civil offense in Australia, and claimants can seek compensation for the defamatory remarks made against them. Slander occurs when a person makes defamatory comments or unsubstantiated accusations about you, or if they make false statements that cause harm to your reputation. If such slanderous comments are made to others, whether orally or in writing, then this can have a considerable negative impact on your professional credibility and personal life. And even though there is no criminal penalty attached to slander, it’s still important to get legal advice as soon as possible.
Slander is a false statement that’s spoken to someone other than the person it’s about. It can be committed by:
- A person or entity who recklessly makes a false statement of fact about another person’s character or conduct;
- A person whose reckless disregard for the truth causes harm to another’s reputation, especially in the course of business or trade; and/or
- A person whose reckless disregard for the truth causes harm to another’s business or trade in the course of business.
Who Can Sue for Slander in Australia?
Anyone who has been the victim of slander can sue for slander. This includes:
- Individuals
- Corporations
- Associations and organizations
Business Reputation and Slander
Slander can affect your business reputation and sales. If you’re currently seeking to sell a business or have recently sold one, slander may affect the amount of money you receive for it. Slander could also prevent you from selling a business at all if potential buyers believe that there’s something wrong with your company or its products. In addition, slanderous comments affect the relationships between suppliers and customers, so they could lead people to stop doing business with the accused party.
For example, if someone makes false or damaging statements about an individual’s honesty or ability as part of their job description for example, if they were hired as a librarian but then were told by colleagues how incompetent they were they may experience difficulty finding future employment in that field due to concerns about their reputation among other library professionals who might not want someone who had been accused of lying around.
What Is the Difference Between Defamation and Slander?
Defamation is a false statement of fact. The person being slandered must be identified in the statement, and it must have been published to someone other than the victim it could be published on social media or in a newspaper.
Slander, on the other hand, is a false statement of opinion. The person being slandered does not need to be identified in the statement, only that it was made about them; and publication doesn’t need to occur slanderous statements can be spoken as well as written down or recorded.
Damages for Slander
The following are the damages that can be caused by slander:
1. Losing Employment or Reputation in The Community
You may find yourself in a situation where you have lost your employment, or even worse, your reputation in the community. This can be devastating for you and your family. You may lose your home, and your family may suffer financially. You may also lose self-esteem and confidence in yourself. In addition, you may lose friends, family members and health due to slanderous words spoken about you by others outside of the workplace. Your reputation could be damaged as well as future prospects ruined through false accusations made by someone who seeks revenge on another person through lies or half-truths about that person’s character or behavior.
2. Business Losses That Occur as A Result of The Slander
If you are the victim of slander, this can have a devastating impact on your business. Your business loses customers and profits as a result of the slanderous comments made against it. This can also mean that your reputation is damaged, which affects future opportunities for growth and investment in the company. Other types of losses include:
- Losing staff members who may not want to work for a company with bad publicity
- Losses in time spent repairing damage to reputations caused by slanderous comments about products/services
3. Emotional Trauma, Including:
- Shock: The unexpected nature of the statement, particularly when it is made by a person in a position of trust or authority.
- Disbelief: A sense that what you are hearing is not true, or that it could not possibly be true.
- Fear: A feeling of vulnerability and helplessness, which can be caused by being targeted personally.
- Anger: Feeling angry and upset at what has been said about you; taking offence at the content or tone of the statement made.
- Anxiety: Not knowing how to deal with the situation or whether your future will be affected by it for example if someone has publicly accused you of misconduct.
- Confusion: Being unsure about what happened and why, including questioning whether any action can be taken against those responsible for making false statements about you this feeling may continue even after legal action has been taken.
4. Mental Anguish
Mental anguish is a serious emotional injury that results from slander. This type of injury may result in a compensable claim for damages, but it is not easily quantified. It has been described as “a type of hurt, shock or other mental distress that causes distress to the person suffering it.
In essence, this form of injury occurs when someone suffers severe emotional distress as a result of another person’s words or actions. The victim’s distress must be both significant and long-lasting; however, their response must also be reasonable given their circumstances and life experience.
5. Embarrassment
In addition to causing harm to the reputation of a person or entity, slander can also cause embarrassment. Embarrassment is a type of emotional harm that can be caused by slander and defamation.
It’s important to note that embarrassment is not necessarily limited to physical injury or financial loss it can also include damage to one’s reputation and feelings of shame, anger, frustration, disappointment and loss of self-esteem.
Not all forms of slander will cause hurt feelings or emotional distress; however, it’s important that you are aware that this may happen if you are slandering someone else.
Remedies for Slander in Australia
There are several remedies for slander, including:
1. Compensatory damages
These are meant to compensate a person for loss or damage caused by the defamatory statement.
2. Punitive damages
These are awarded where the defamation is intentional, malicious and done with knowledge that it would harm another person’s reputation in the eyes of others.
3. Injunctive relief
This involves preventing further publication of the defamatory statements by an order of court requiring this. This remedy can be sought even if no actual harm has been done as yet to a person’s reputation by the publication of certain material not just words. Injunctive relief may also be available if there is an imminent threat of harm caused by such publications being allowed to continue unabated without some form of judicial intervention taking place.
Conclusion
The damages awarded vary depending on the type of defamation and circumstances surrounding it. A lawyer can give you advice regarding your particular situation and what they think the damages will be based on similar cases. You may be entitled to a large settlement or minor compensation, depending on the circumstances.
In some instances, if you decide to sue for slander in Australia, you’ll want to make sure your lawyer has experience with this type of case as well as other forms of defamation law before making any decisions about whether or not it’s worth pursuing legal action against someone who has made false statements about you that harm your reputation
FAQs
1. What is slander?
Slander is a type of defamation which involves making a false or derogatory statement about someone which could damage their reputation. When your reputation is damaged, it can be hard to get back on track due to the damage slander will have caused.
2. What are the elements of a defamation claim?
To make a successful defamation claim in Australia, the plaintiff must prove that the defendant made a false and defamatory statement about them, which was published to a third party, and that the statement caused them harm.
3. What are some examples of statements which could be considered defamatory?
Some examples of statements which could be considered defamatory include claiming that someone is incompetent at their job, is guilty of a crime, or has a disease or condition which could be considered shameful.
4. What are some possible defenses to a defamation claim?
Some possible defenses to a defamation claim include proving that the statement was true, that it was an expression of opinion rather than a statement of fact, or that the publication was made in the public interest.
5. What are the remedies for a successful defamation claim?
The remedies for a successful defamation claim can include an injunction to prevent further publication of the defamatory material, damages to compensate the plaintiff for any harm caused, and costs.