What is libel?

Libel is a subset of the broader concept of defamation. The overarching concept of defamation is injurious or malicious harm to the reputation of another. Libel is actually the concept of defamation in a ‘permanent’ form such as in a book or newspaper, although radio and television also are now included as permanent forms. Some of the leading cases on defamation in Australia give examples of what libel is an how it may be litigated. One of the most significant recent cases was Dow Jones & Company Inc v Gutnick [2002] HCA 56. This was a decision which looked at permanecy of internt publication and if defamation law applied in relation claims about internet publications. The case raised interesting issues about the location of publication as well and how this affected the jurisdiction of the court that was hearing the matter. The case was about potentially defamatory material which was being published by a website in the USA and then downloaded to a user in Victoria, Australia. The Supreme Court of Victoria had held that it did have jurisdiction to hear the case and this was later affirmed in the desion of the High Court. Another interesting case on the same issue was Macquarie Bank Limited & Anor v Berg, New South Wales Supreme Court (NSWSC 526), 2 June 1999 where a publication was made that a New South Wales Court would not restrain publication because this would impose a ruling in New South Wales on the entire world, which was not within the jurisdiction of the court.

If you have any questions about the libelous nature of an imputation or publication made against you, we have lawyers who specialise in defamation available who can assist you by advising you in relation to your legal rights and possibly preparing the process of litigation for you if you need to begin litigation or you need to respond to a claim which has been brought against you. Please do not hesitate tto contact us using any of the contact methods available on this site.