Defamation Investigations by CCS

Why would I need CCS to conduct a defamation investigation?

If your reputation has been damaged by false information of a business competitor or a person who sees you as their enemy, then it is of paramount importance to have a defamation investigation conducted. Each moment that the defamatory content remains on the internet is another moment it can damage your reputation and worse, the content can be spread to an infinite number of places on the web, making it harder to control and repair damage caused.

Defamation is a concept that has been growing in the spotlight in the last few years mainly due to the negative impact of such conduct across social media and news platforms. As social media platforms have expanded and the world wide web continues to grow, there is now a greater risk than ever with having a presence online and with the production of online content. A single post on the internet can end up in an infinite number of places.

Defamation is the publication of material that could result in injury to a person's reputation. A variety of elements need to be met to constitute defamation. These elements often include:

• A statement that has been published to a third party
• The statement is false
• The statement caused injury to the person's reputation or could cause injury

CCS has been involved in a number of defamation matters and has assisted victims of defamation as well as those accused of defamation. In our experience we have worked with victims where an offender has deliberately posted information with an intent to cause harm and have assisted legal professionals with identifying the offender and conducting investigations to support litigation processes and outcomes.

CCS has also helped people who have been accused of defamation but have maintained their innocence and need help with their defence. We have identified a growing need to educate users of social media platforms about defamation due to the cases we have been involved in. In one case a teenager was accused of defamation as a result of communications via Facebook where comments had been left on a public page. Whilst the teenager maintained they were unaware of the concept of defamation and took actions to delete the defamatory posts, the content had still been published and harm caused. CCS is able to assist with management of the content and preparation of defence.

An example of a defamation investigation being conducted

Imagine that a local politician, Mary Smith, has been accused of accepting bribes by a member of the opposing political party, John Doe. John Doe publicly makes this accusation at a press conference, stating that he has evidence to support his claim.

Mary Smith, who has a reputation as an honest and upstanding member of the community, is devastated by these allegations. She knows that if they are not addressed and proven false, they could ruin her career and reputation. She decides to seek legal action and hires a private investigator.

The private investigator begins by conducting an investigation into the allegations made by John Doe. This may involve interviewing witnesses, gathering evidence, and reviewing any documentation related to the case.

The investigator will also assess whether John Doe's statements meet the legal definition of defamation. In order for a statement to be considered defamation, it must be false, published (meaning communicated to someone other than the person being defamed), and must have caused harm to the person being defamed.

If the investigator determines that the statements made by John Doe do meet the criteria for defamation, Mary Smith may decide to file a defamation lawsuit against him. The lawsuit will then go to court, where a judge or jury will decide whether John Doe's statements were indeed defamatory and, if so, what damages Mary Smith is entitled to.

Overall, a defamation investigation is conducted to gather information and evidence related to a defamation claim, and to determine whether the legal criteria for defamation have been met. It is an important step in protecting an individual's reputation and holding others accountable for making false and damaging statements about them.

Complete Corporate Services solutions for defamation investigations

• Identifying and locating offenders, particularly those posting anonymously online.
• Liaising with search engines and websites to resolve the issue.
• Removal of offending material.
• Preparing and making police complaints.

CCS has a close referral partner who provides content removal services. We can refer you so that the content of interest can be removed from the internet by professionals who have expertise in this specific areas.

We are also frequently engaged by legal professionals to locate important witnesses and serve documents for court proceedings. Locating witnesses can literally make the difference to a defamation case.

Talk to us about the specifics of your situation. Over the years we have undertaken many investigations into defamation matters with outstanding success. We are familiar with Court process and legal procedures and disputes, and have a history of working with law firms to perform investigations that assist in achieving the client's desired outcome.

Whatever your matter, CCS understands that each matter is unique and provides a tailored service to match the client's needs. We place an emphasis on building long-term relationships with clients and have proven success in delivering desirable outcomes that meet and exceed client objectives and expectations.