WA Share Bad Experience with Company - Defamation?

[Andrew Barn]

Would like information on my rights to tell my story and bad experience to the media about a company that is providing a bad service. Because I am unhappy with the service, what can they do to me if I told my story to the news on TV, online or current affair and mentioned their business name? Can they take legal action against me for defamation if I name and shame them for their terrible service based on facts?

 

[Sophea]

Hi Andrew,

The main risk you would run into is a defamation action, however the Defamation Act (WA) introduced a general rule that corporations cannot sue in defamation, unless they can bring themselves within the definition of an “excluded corporation” - which is either a non profit corporation or it employs fewer than 10 persons and is not related to another corporation. Therefore if the company you wish to spout about is a small company or its not for profit, I would tread carefully. There are also defences to actions for defamation such as truth and public interest, which may still get you off the hook.

There are other actions that may still be brought by companies, such as injurious falsehood however this involves a situation where a defendant maliciously publishes false material which causes special damage to the company or its property. As long as you are not being malicious and publishing or stating facts regarding poor service or products then you should be in the clear.

 

[Susan Lawson]

A simple way to decide to publicly publish something, if it is true and happened to you, go for it. Add to that the intention to assists others not to go through the same thing and defamation isn't an issue.