Defamation proceedings are a type of legal claim issued against the person you accuse of defaming you, either by printing untruths (which is libel) or speaking untruths (which is slander). To succeed in this type of claim you need to prove that:
- what has been said or printed is untrue and is likely to lower public opinion of you;
- it is obvious that the statement that has been made references you or your business and even where you are not specifically named it would be possible to identify you from what has been said or written; and
- the offending statement has been communicated to at least one other person.
In slander cases only, you will also usually need to show that as a result of the statement has been made you have suffered some form of financial harm.
A claim for defamation must be commenced within a year of the offending statement being made and ideally much earlier to maximise the value of your claim.