defamation in sport

20 October 2009

It is no secret that reputations are important in sport. Stories and perceptions about sporting legends live on long after the athletes have retired. But now administrators and officials are increasingly seeking to protect their reputations and, unlike athletes, they don't have a chance to prove themselves on the field so a loss in reputation may cost them their job.

Defamation actions by and against athletes and administrators are common. Ian Thorpe recently discontinued his action for defamation against a French newspaper.

Defamation laws have changed in Queensland in an attempt to make the laws more consistent throughout Australia. Basically, defamation occurs when a person communicates a matter that is defamatory about someone to at least one other person. A matter is considered to be defamatory if it is likely to lower a person's reputation or cause others to avoid or ridicule that person. The matter can be communicated to another person in any form, including newspaper and internet articles, television stories, press conferences and even private conversations.

There are a number of defences to a claim of defamation, including:

The matter in question was substantially true.
The matter was partly true and it didn't cause any harm because of substantial truth of the context.
It was a fair report of a proceedings of public concern (for example proceedings of a parliament, court, sporting association relating to its members, shareholders meeting).
It was an honest opinion that related to a matter of public interest and was based on proper material.

The new laws provide a process for resolving disputes, without the need to go to court by providing an ability to "offer to make amends", which usually involves publishing a correction or apology and/or payment of some compensation. Generally any offer to make amends or any apology is not taken to be an admission of fault or liability, but it can be a mitigating factor when the court considers the amount of damages to award. The amount of damages that may be awarded for non-economic loss is now capped at $250,000.

Running a defamation case can be expensive, unpredictable and difficult to prove. This often means that threats to sue for defamation are not followed through. However, athletes, administrators and officials should still think twice before making a comment that could damage someone's reputation.

Matthew Bradford | Associate
Mullins Lawyers
t +61 7 3224 0353
f +61 7 3224 0333
mbradford@mullinslaw.com.au