How to deal with Defamation Click here to hear Paul Brennan talk about the Legal Watchouts on Defamation on Business Essentials Defamation-the importance of gathering evidence Generally, defamers do not defame people who they think will punch them in the mouth. So too, if you have the option of frightening people by using threats or just your unpleasant manner you do not need to demean yourself by resorting to defamation. This is why the Mafia is not big on defamation; in fact they go out of their way to be nice to you up to the point of you being garotted from the back seat of your car. A problem arises when you lack sufficient evidence. For instance, there is the often alcohol fuelled “I was only joking”, insult which grows into a whispering campaign which has proved so popular in clubs over the years. Your lawyer will seek to gain evidence which usually amounts to statements from other club members who are naturally reluctant to get involved and often report what they have heard from others rather than what they have directly seen or heard themselves. Therefore, it is best to consult a lawyer early as they can coach you on gaining sufficient evidence and how best to position yourself. Ironically in order to try to stop the defamer, the victim often must broadcast the insult which in turn places their own conduct under the microscope. This deters victims from doing anything at all and provided that the perpetrator is sensible enough to stop, the matter ends and people move on with their lives or at least the perpetrator finds another victim. If you have the misfortune of being defamed by a stupid person you had best gather sufficient and relevant evidence or seek Mafia assistance. (c) Paul Brennan 2010 author of Easy IP and other books, eBooks and CDs. Injunctions, superinjuctions and dealing with defamation If you have a defamation issue the best way to achieve peace of mind is to speak to a lawyer. If you wish to speak to lawyer, Paul Brennan. Email info@brennanlaw.com.au or call on 07 5438 8199 to start solving the defamation issue by booking a 30 minute interview in person or by telephone. Go to The Law for articles on various legal subjects.
Disclaimer: The content of this site and the Law & Disorder eZine is to give you legal basics and in some instances included unashamedly to try and make you laugh. In law it is sometimes difficult to work out what is serious and what is just for fun. Therefore, if you plan to do anything legal, rely on your own lawyer’s advice or instruct me to look at the particular facts of your case. Not only will I deny responsibility for the legal content but also for some of the jokes. |
