NSW Defamation - Named and Quoted on Book Without Permission?

[M A Thompson]

Hi,

I am writing on behalf of my partner who is presently off-shore on a FIFO contract. A book published in 2016 mentions her by name on three separate occasions and quotes her as saying certain things. My partner has never given permission for her name to be used or her comments to be published.

Her present employer is the same employer at the time which the comments in the book refer. The main issue is that, in reading the book, one immediately gains the impression that my partner was interviewed and gave the information willingly.

The problem arises that my partner has signed a Confidentiality Agreement to not disclose anything about her work past or present.

Would she have a defamation case to pursue for her name being published and being quoted?

 

[Rod]

More background is needed. Might be best to see a lawyer.

Truth is a defence to defamation, and you don't say how the author got hold of her name and quotes.

I'm not sure of the laws around using quotes and other material. I do know that many subjects of unauthorised biographies are not happy about the use of their life, and the books are still published.

 

[M A Thompson]

Thanks Rod, the comments attributed to her were obtained as a result of the author reading Court Transcripts.

 

[Rod]

Then it is likely no fault attaches to your partner. Disclosing information when required in an open court proceeding is a legal obligation your partner cannot escape. Most confidentiality agreements mention this as an exclusion, but even if they don't, the law trumps private agreements.

 

[M A Thompson]

Thank you