Defamation, Reputation & Risk in the Digital Age

As digital communication continues to evolve, and the legislation and case law attempts to keep up, what should you do when approached by a client who has been defamed or is alleging that someone has defamed them.

This seminar will provide practical tips and strategies for managing the process including recent cases and critical amendments to the uniform Defamation Acts.

Issues to be considered include:

• Who can sue for defamation? What to do if your client is a company?
• The “serious harm” threshold.
• Drafting concerns notices and “offers of amends”.
• When can you sue social media companies or Google or obtain preliminary discovery from them to work out who is defaming your client?
• Where to sue?
• An overview of the defences which are available to defamation and, in particular, a consideration of the new public interest defence.
• What relief is available?
• Alternatives to defamation including misleading and deceptive conduct and injurious falsehood.
• What else can be done to manage reputational harm?