How Can You Prove Defamation?

Question

If someone were to accuse you of something and you were to suffer undue harassment due to baseless information what can one do to firstly.

1.Prove that you have been defamed verbally to others.

2. What legal procedures/avenues should one seek in order to compensate for the situations of this variety. (anyone recommend a good Defamation lawyer in Melbourne).

The sort of defamation I have been through I consider as being of of the most serious kind. I am going to be seeking counselling. My friends advised me that I should be doing this and not seeking legal action. I was of the same opinion but the treatment hasn't been too considerate to say the least.

Answer 1

To prove defamation of character, you have to have had character to begin with.  That's a given.  

Answer 2

Basically, you need to prove that a representation was made (ie; that you were defamed - difficult to prove verbally however as it could be your word against the others), and that the representation caused a reasonable person to view you in a lower esteem.

Basically your options are to possibly attempt to contact the person and ask them to retract the statement (perhaps threatening possible legal action), or to contact a lawyer and instigate legal proceedings (ie; suing for defamation).

If it goes to court, the court will take into account the nature of the statement (ie; whether it was true, whether it was reasonable to say in the circumstances (ie; a fair call), whether it was stated as fact or opintion etc).  You will need to prove that it was untrue, unreasonable and stated as fact.  The court will also take into account who the representation was made to, and the result of the representation.  Ultimately if it was a flippant comment made to a family member, which really had no long-term effect, the court is not going to find in your favor.  If it was a serious accusation made to many people which resulted in the loss of your job etc you might have more luck.

Ultimately it is very hard to prove, especially if it was verbal.  It is also expensive to take the legal path.