Defamation in NSW refers to a false statement that harms the reputation of an individual or a company. The statement can be made in various forms including spoken words, writing, gestures, or images. The person making the defamatory statement must intend to cause harm or must have been negligent in not realising that the statement was false and would harm the reputation of the individual or company. If you are affected by the false statement, you can bring a civil lawsuit for damages. You need to prove that the defamatory statement was made, it caused harm to their reputation, and the statement was not protected by a defence such as truth or privilege.
The relevant legislation for defamation in NSW is the Defamation Act 2005 (NSW). This Act sets out the definition of defamation, the elements required to prove a claim of defamation, the defences available to a person accused of making a defamatory statement, and the procedures for bringing a defamation claim in court. The Act also provides for alternative dispute resolution options such as mediation and sets out the time limit for bringing a defamation claim.
