Equal Opportunity On Line Training Module 1: Legal Overview

Defamation

Defamation is the publication of a statement about a person which causes that person's reputation to be lowered, or causes them to be shunned, avoided or brought to ridicule. If the statement is in a permanent form (for example in writing) the alleged defamation is libel: If it is not in a permanent form (for example, oral statements) the alleged defamation is slander.

It is not defamatory for an individual to confront a harasser confidentially either in person or by letter to alert them that their behaviour is unwelcome. Nor is it defamatory to make a complaint to a person who has a legitimate interest in knowing about the incident in order to seek redress. At Monash the University's Discrimination and Sexual Harassment Grievance Procedures is the appropriate avenue for addressing such concerns.

Sending a global email accusing someone of sexual harassment would not be an acceptable way to convey one's concerns and could result in an action of defamation against the person found to have sent the email.

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