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Defamation Reputational Injury Serious Harm Standard

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
K&L Gates LLP

Some "Serious" Developments in Defamation Law

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In 2021, one of the most significant changes to Australian defamation legislation, in most states and territories (save for Western Australia and the Northern Territory), was the introduction of a "serious harm" threshold to...more

K&L Gates LLP

And So It Begins… First Consideration of "Serious Harm" Threshold in Australian Defamation Claim

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The New South Wales Supreme Court has recently delivered its judgment in Newman v Whittington [2022] NSWSC 249 (Newman), providing the first Australian judicial consideration of the "serious harm" threshold now found in the...more

K&L Gates LLP

Meeting the Threshold: Stage 1 Defamation Reforms Go Live

K&L Gates LLP on

A NEW ERA FOR AUSTRALIAN DEFAMATION LAW - Following Stage 1 of the review of the Model Defamation Provisions, the Model Defamation Amendment Provisions recently commenced in Victoria, New South Wales, South Australia,...more

Dorsey & Whitney LLP

Defamation Claims in UK Require Proof of “Serious Harm”

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The English courts have traditionally been a popular forum for defamation claims, not least because English law allows even non-residents who have minimal reputation in the UK to sue for defamation in the English courts and...more

White & Case LLP

The meaning of "serious harm": the Supreme Court in Lachaux v Independent Print

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The increasing accessibility of digital media has enabled businesses to become not only readers, but also publishers of their own information and opinions. This in turn requires due consideration of the limits of what can,...more

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