Online bullying and defamation
and defamation in NSW
The recent controversy surrounding Australian breakdancer Rachael “Raygun” Gunn has brought the issue of bullying, particularly online bullying, to the attention of the nation. Gunn, who represented Australia in breakdancing at the Olympics, has been the target of a petition that the Australian Olympic Committee (AOC) has described as “vexatious, misleading and bullying.” This incident raises important questions about the legal protections available to individuals subjected to such treatment in New South Wales (NSW) and the broader implications for online conduct. For context, see our note on the Gunn petition and online bullying here.
In New South Wales, bullying, particularly when it escalates to harassment or defamation, can be addressed through various legal channels. A defamation lawsuit can be considered a personal injury lawsuit in legal terms. This is because a personal injury claim isn’t just about physical or emotional injuries. It can also cover situations where someone’s personal or professional reputation gets damaged by defamatory content, or when people start avoiding or shaming them because of it. Read more about how defamation intersects with personal injury here and our defamation services.
The petition against Rachael Gunn, which has garnered over 50,000 signatures, accuses her of unethical behaviour and demands an apology for “attempting to gaslight the public.” The Australian Olympic Committee has condemned the petition, emphasising that it has “stirred up public hatred without any factual basis.” Such actions can be seen as a form of cyberbullying, where individuals or groups use online platforms to harass and intimidate others. In serious cases, adults can seek removal and enforcement with the eSafety Commissioner under the Online Safety Act and report adult cyber abuse here.
Defamation is the publication of material that might affect an individual’s reputation. A defamatory statement can occur in two ways. Either through spoken words (slander) or written and published material (libel). The laws aim to protect a person’s reputation from unjustified attacks that could potentially damage their standing in the community, personal relationships, or professional life. Personal injury laws and the ability to bring personal injury lawsuits allow for someone to seek compensation for a false statement made. The key statute in NSW is the Defamation Act 2005 (NSW).
For those facing similar challenges, whether as victims of bullying or accusations of defamation, seeking legal advice is crucial. If you or someone you know is facing bullying or defamation, whether online or in person, contact Jameson Law’s defamation team or our Sydney criminal lawyers for advice on related offences like stalking or intimidation. You can also learn about stalking, intimidation and cyberbullying risks on our overview here. For urgent help or to book a confidential consultation, call (02) 8806 0866 or use our contact page. If harmful content is live and the platform will not remove it, report it to eSafety here.
