Pubications > Taking down defamatory material from Facebook
Have you been defamed by a user on Facebook? Do you think that your rights have been infringed? Do you just want the material removed? Complete our assessment form below and we will advise whether or not Facebook may respond to a take down request. |
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So you want a post about you removed from Facebook?
The law of defamation is complex. If you want what you think is a defamatory post about you or your organisation removed from Facebook, we may be able to help. Please provide us with the following information:
Your inquiry will be kept strictly confidential. Once we receive this information, we will contact you to discuss your options.
How can you tell if you've been defamed?
The essence of an action for defamation is the publication either in writing or orally of defamatory material to one or more persons. There are three essential elements necessary in order to establish a cause of action in defamation:
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the words complained of must be defamatory; |
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the defamatory words must be published to at least one other person other than the Plaintiff; |
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the Plaintiff must be able to be identified from the words complained of (not necessary for Facebook) |
Following the commencement of uniform defamation law, common law principles determine what is defamatory in all jurisdictions in Australi. At common law, a publication is defamatory if it is likely to cause ordinary reasonable members of society generally to:
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think less of a person, in the sense that it disparages the plaintiff, conveying something to his or her discredit; |
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shun or avoid the plaintiff; or |
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subject the plaintiff to hatred, ridicule or contempt. |
Words are said to be defamatory when an ordinary and reasonable person would interpret them as having the tendency to cause damage to the reputation or standing in the community of a person or other legal entity. Put another way the test is “would ordinary, decent folk in the community think less of” the person or entity, the subject of the words. There is no need to establish that the utterance or publication of the defamatory words has actually had that effect. If the words have the tendency to defame another, damage is presumed.
Defences to defamation
Model defamation provisions enacted in each jurisdiction describe the defences as follows:
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Defence of justification; |
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Defence of contextual truth; |
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Defence of absolute privilege; |
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Defence for publication of public documents; |
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Defence of fair report of proceedings of public concern; |
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Defence of qualified privilege for provision of certain information; |
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Defences of honest opinion; |
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Defence of innocent dissemination; |
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Defence of triviality. |
A company formed with a view to profit and employing 10 persons or more, no longer has a right of action in defamation although be aware that the rights of company directors and officers remain unchanged.
Truth is a defence to an action for defamation, although for this defence to be successful the defamatory imputation (i.e. accusation) alleged by the Plaintiff to arise from the words must be capable of strict proof. In other words a truth defence will not succeed on proof of mere hearsay, gossip or rumour.
Statements made as facts are frequently actionable whereas statements of opinion or pure opinion are not actionable. One of the major tests to distinguish whether a statement is fact or opinion is whether the statement can be proved true or false in a court of law.
Examples of defamatory statements
"Who said sleeping in a moldy apartment was bad for you? Joe Bloggs thinks it okay".
"Car Hire Co Rents out death traps"
Rostron Carlyle has had significant success in taking having defamatory material removed from Facebook. Please complete the form above or contact us directly.
Identifying anonymous users
Rostron Carlyle also has connections with people who are skilled at locating individuals who hide behind anonymous user ID's. Please ask if you would like us to assist you to unmask an anonymous poster.
"The information contained in this article is general in nature and cannot be regarded as anything more than general comment. Readers of this article should not act on the basis of this comment without consulting one of Rostron Carlyle's legal practitioners who will consider their particular circumstances".
Related Legal Practices
Rostron Carlyle also has the following related speciality Practices that can assist organisations :
Intellectual Property Practice
A Rostron Carlyle lawyer will be a person that you can relate to. We'’ll talk your language. Most
importantly, a relationship with a Rostron Carlyle lawyer will be "a relationship you can rely on".
