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Debunking defamation: How much can I get in damages?

30 May 2023
Stuart Gibson Ryan Chelva
Read Time 2 mins reading time

How much can I get in damages if I believe I have been defamed? It’s a difficult question and one our team practicing in defamation get asked time and time again.

Section 7(2) of the Defamation Act sets out that where a person’s reputation is injured by the publication of defamatory material, the matter is actionable without proof of special damage.

Generally speaking, this means if you’re a plaintiff (disregarding the exception if you’re a company) you will need to:

  • prove that there was the publication of a defamatory imputation;
  • provide particulars of that publication;
  • show that there was some serious harm.

What this effectively does is prove that you’ve been defamed in the absence of any defenses.

In their latest video, Principal Lawyer Stuart Gibson and Associate Ryan Chelva dig into what factors can come into play when a judge is determining what a plaintiff may be owed.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.

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Debunking defamation: How much can I get in damages?

30 May 2023
Stuart Gibson Ryan Chelva

How much can I get in damages if I believe I have been defamed? It’s a difficult question and one our team practicing in defamation get asked time and time again.

Section 7(2) of the Defamation Act sets out that where a person’s reputation is injured by the publication of defamatory material, the matter is actionable without proof of special damage.

Generally speaking, this means if you’re a plaintiff (disregarding the exception if you’re a company) you will need to:

  • prove that there was the publication of a defamatory imputation;
  • provide particulars of that publication;
  • show that there was some serious harm.

What this effectively does is prove that you’ve been defamed in the absence of any defenses.

In their latest video, Principal Lawyer Stuart Gibson and Associate Ryan Chelva dig into what factors can come into play when a judge is determining what a plaintiff may be owed.