Protect survivors from retaliatory defamation claims
Most of us believe that our systems and laws should protect victim-survivors to report sexual harassment and gender-based violence.
But perpetrators of gender-based violence are able to use Australia's current defamation laws, to silence victim-survivors - using threats of retaliatory defamation claims to stop victim-survivors from reporting and seeking the help and support they need.
Victim-survivors should be able to report harmful behaviour to, and/or seek essential services and support from medical professionals, counsellors, education authorities, workplaces and family members without fear of being sued.
But perpetrators are able to use current defamation laws to drag victim-survivors through court if they seek help or support from these key services, institutions or people.
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Women's Legal Services are having to support an increasing number of victim-survivors to respond to threats of defamation lawsuits. These ‘concerns notices’ threaten to force the victim-survivor with the expense, time and psychological trauma of defending a defamation lawsuit, unless the defamatory imputations of the report or disclosure of gender-based violence are withdrawn. These demands often also include:
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issuing an apology to the perpetrator, and
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providing a monetary payment to the perpetrator.
The current laws not only prevent victim-survivors from being able to get the support and services they need, as well as their access to justice, but they also deter women from reporting harmful and predatory behaviour to employers, regulatory agencies and bystanders who could intervene to stop further abuse.
In recent years, Women’s Legal Services have supported victim-survivors to respond to defamation threats in a range of situations, including where the victim-survivor:
- Reported a sexual assault to her tertiary education institution where the perpetrator was a fellow student;.
- Notified a religious organisation about past abuse by a senior figure within their organisation;
- Disclosed family and domestic violence to her close friends and family; and
- Reported workplace sexual harassment to an employer.
Fair Agenda is proud to stand with Women’s Legal Services Australia and the Human Rights Law Centre in pushing for this desperately needed change.