Defamation & Media Law Journal 3: Remedies

The remedies in defamation are compensatory damages, aggravated damages, business or financial loss (if applicable), interest on damages, costs and in some cases injunctive relief.

Damages

An award of damages for defamation is essentially dependant on two factors, the seriousness of the defamatory imputation found to arise from the defamation and the extent of publication.

The Defamation Act 2005 now sets the limits that a court is able to award in terms of compensatory damages for non-economic loss.  With adjustments as prescribed under the Act for cost of living it is presently $324,000.00.  Rarely have courts in defamation actions awarded sums of this magnitude for general compensatory damages.

Notwithstanding the above limitations courts are however also permitted in some circumstances to award aggravated damages over and above the award of compensatory damages..

Injunctive Relief

In some limited circumstances courts will grant injunctive relief in order to restrain or prevent further publication of defamatory material.  Such relief is sometimes granted on an interim basis, pending a trial of the matter or at the conclusion of a defamation matter to prevent further publication.  However courts will generally only grant such relief in extenuating circumstances where it can be shown that the right of freedom of speech has been or will be abused.  Awards of damages are generally deemed to be an adequate remedy.

This article has been prepared to provide a general overview of this topic and is not intended to provide, nor does it constitute, legal advice. You should seek legal advice before acting on or using the content of this article. Should you require legal advice on matters raised in this article please contact Mark Jones - Special Counsel on (07) 3001 2943

 

Authors

Mark Jones is a Special Counsel at Bennett & Philp Lawyers

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