A member asked almost 9 years ago

Cyberbullying: harassement and defamation

My question is: Does any lawyer wants to take charge of the biggest case of internet defamation since the case of Dow Jones and Company Inc v Gutnick in 2002?

I want to sue someone for harassment and defamation via internet. Someone with more than 6 million followers in YouTube that has been after me for nearly a year and has crossed many lines: publicly calling me a pedophile, phoning my home and recording a conversation with my wife without any consent, making private emails public...

Some of the effects of his doings against me are already recorded in a NSW police report.

Law Advisor Research Team
Researchers at LawAdvisor
Hi there. Defamation laws regulate the extent to which material can be published that damages the reputation of another person. Defamatory comments may be published in many ways (e.g. in print, on the internet, in video recordings. Based on the information you provided, it sounds like you may have a claim for defamation against another person.

To successfully sue someone for defamation, the published material needs to have been ‘defamatory’. This means the comments about you must have lowered your reputation in the eyes of an ordinary reasonable person. For example, it can be defamatory to say someone is corrupt or dishonest, to allege someone has committed a crime, or to otherwise suggest someone is of bad character. Much will depend on the nature of the comments and the context in which they were made.

You should note that the law recognises the right to free speech, which may defeat a defamation claim in particular circumstances. For example, defamatory material can be published if the publisher can prove that it is substantially true, or if the publisher is expressing an honest opinion on a matter of public interest based on facts.

Suggested way forward

You should consider speaking to a lawyer who can advise you on whether you can make a legal claim for defamation against the person who published the comments about you. Your situation also may raise issues of stalking, depending on how frequently and seriously you are being harassed by the person who allegedly defamed you. A lawyer can also advise you on whether you should speak to the police about this matter. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 9 years ago   Legal disclaimer


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