Hi there. Generally speaking, a person does not need permission before they write a book about another person. There are laws in Australia that protect the right to free speech and the ability to make fair comments about matters of public interest. However, sometimes these publications can cross the line by damaging the reputation of an individual. In these situations, defamation law gives a person whose reputation has been wrongfully attacked the right to take legal action against those responsible for the attack. To make a claim for defamation, you need to satisfy three things:

1. The material must be published. This includes a written book or article, online content and radio or television broadcasts.
2. The material must identify the person who has been allegedly defamed. It is not necessary for the person to be directly identified. Defamation may still exist if a reasonable person reading the publication understands it as referring to the relevant person.
3. The material must be ‘defamatory’ in nature. This means it must convey meaning about a person that lowers their reputation in the eyes of reasonable members of the community, or causes the person to be ridiculed, avoided or despised by members of the general public.

If you can prove that each of these three things exist, then you will most likely have a claim for defamation against the author and/or publisher of the book. If the book has not yet been published, you can seek a court injunction stopping the publication (or continued publication) of the offending material. Injunctions can be difficult to obtain in these situations because the court must be careful not to make a decision that restricts free speech.

If the book has already been published, and your reputation has been harmed as a result of the defamatory material, you may be awarded compensation by a court.

Lastly, you need to be aware that the author or publisher may not be liable for defamation if they have a recognised defence (e.g. the defamatory material is true or is a fair comment on a matter of public interest).

Suggested way forward

Defamation law is complicated, especially when dealing with publications that are distributed Australia-wide or online. Stopping the publication or further publication of defamatory material, or seeking compensation for harm suffered, requires expert assistance. Speaking to a lawyer will help you understand your legal rights and the best way to enforce them. By pressing the “Consult a Lawyer” 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.