Can I Sue for Defamation on Facebook?

[Bob]

Hi all, just wondering if anyone knows anything about defamation on Facebook? (derogatory comments made about a person on a Facebook page). The comments have since been taken down, but the damage has already been done. What are the chances of me being able to sue the person who made the comments?

 

[John R]

Hi Iggy,
I obviously can't speak on the chances of you being able to sue (you'll need to see a defamation lawyer for that). However:

1. NSW Legal Aid has a good overview of online defamation and what to do if you believe you are a victim of online defamation on Facebook or Twitter in Australia: http://www.legalaid.nsw.gov.au/publ...resources/online-social-networking-defamation
2. Dow Jones v Gutnick was the first notable case involving Internet defamation in Australia - It went all the way to the High Court: http://en.wikipedia.org/wiki/Dow_Jones_&_Co._Inc._v_Gutnick
3. Last month (March 2014), the NSW District Court awarded Christine Mickle, a school music teacher, $105,000 in damages for Twitter defamation from a former student. Read more: http://www.abc.net.au/worldtoday/content/2014/s3957105.htm

 

[Seeker]

You are clearly a victim of internet bashing. I've found a website that might be helpful for your inquiry. On your question, those who can sue are those if in theory, any individual or entity who considers damage to their reputation has or is likely to occur, as a result of material published, may sue the publisher/s of the material. Clearly your case satisfies the criteria. Anyway, I'm no expert but I guess you should probably check out the link yourself.

https://www.efa.org.au/Issues/Censor/defamation.html#plaintiff

I hope that helps.