Defamation – What can I do if someone posts something about me online?

Introduction

In today’s digital world, our reputations can be harmed by a single online post. When someone posts false or damaging information about you online, it can be distressing and have real consequences for your personal and professional life. This article explains what defamation is under New Zealand law, how it applies to online content, and what steps you can take if you believe you’ve been defamed.

Defamation Under New Zealand Law

Defamation occurs when someone publishes false statements about you that harm your reputation. In New Zealand, defamation law aims to balance two important rights: protecting people’s reputations and maintaining freedom of expression.

For a statement to be considered defamatory under New Zealand law, it must identify you (either directly or by implication), be published to at least one person other than yourself, contain content that would likely lower you in the estimation of right thinking members of society generally, and cause more than minor harm to your reputation.

It is worth noting that opinions are generally protected from defamation claims if they are based on true facts and genuinely held by the person expressing them.

The Unique Nature of Online Defamation

Online defamation follows the same basic principles as traditional defamation, but with some important distinctions. Each time a defamatory statement is accessed online, it is considered a new publication, potentially increasing the harm and extending the time the content remains actionable. As online content can be viewed worldwide, this can cause greater damage to your reputation, especially as digital information can be difficult to completely remove once published. The global reach and permanence of online content can make the impact of defamation far more severe.

What Should You Do If You Are Defamed Online?

If you discover defamatory material about you online, it is important to act promptly and strategically:

1. Preserve Evidence

Take screenshots of the offending material, noting the date, time, and location (URL) of the post. This evidence will be crucial if legal action becomes necessary.

2. Avoid Direct Confrontation

While it may be tempting to respond directly to the person who posted the material, doing so can sometimes escalate the situation or result in further publication. In many cases, it is best to seek legal advice before engaging.

3. Seek Professional Legal Advice

Defamation law is complex, and the best course of action will depend on the specific circumstances. Our team can assess whether the material is likely to be considered defamatory, advise you on your options, and act quickly to protect your interests.

4. Legal Remedies

If the material is defamatory, you may be entitled to remedies under the Defamation Act 1992 and, in some cases, the Harmful Digital Communications Act 2015. Remedies can include:

•  A formal request for removal of the content
• A written apology or retraction
• Court orders requiring removal or correction of the material
• Damages for harm to your reputation

We can engage directly with the website or platform hosting the content, and if necessary, initiate legal proceedings to secure a swift and effective resolution.

Defences to Defamation

It is important to be aware that not all negative statements will be considered defamatory. The law recognises several defences, including truth (if the statement is substantially true), honest opinion (where the statement is clearly an opinion based on true facts), and privilege (for example, statements made in court or Parliament). These defences can be complex, and we can advise you on how they may apply in your situation.

Conclusion

If you are the target of defamatory online content, you do not have to face it alone. Early legal intervention can often resolve matters quickly and discreetly, minimising further harm to your reputation. Harkness Henry has experience in defamation and online reputation management, and we are here to help you navigate your options and achieve the best possible outcome.

This article is current as at the date of publication and is only intended to provide general comments about the law. Harkness Henry accepts no responsibility for reliance by any person or organisation on the content of the article. Please contact the author of the article if you require specific advice about how the law applies to you.