Defamation and Media

Brookfields has considerable experience in defamation, privacy and media law. We have for a number of years acted for publishers and reviewed material for defamation or IP breaches (such as copyright breaches or trade mark infringement) prior to publication. In this way, we have been able to help our clients avoid potential defamation or intellectual property claims.

This is particularly important in the internet age where the conflict is between protecting reputation without infringing free expression. Claims involving web site publications raise complex issues relating to jurisdiction and the ability to enforce orders once they have been obtained. Understanding the medium and the options for dealing with problems is critical.

Where there is a need for urgent measures such as an injunction to prevent publication or breach of intellectual property, Brookfields has the background knowledge and expertise to get this process underway immediately.

With an indepth knowledge of defamation and intellectual property laws, we have also brought and defended a number of claims involving allegations of defamation and/or breach of copyright. Where a clear breach has occurred, Court proceedings have often been avoided by the provision of appropriate undertakings, retractions or apologies. Even if these actions do not resolve a dispute, they may ultimately substantially limit the liability of the offending publisher or party in breach.

We also advise on privacy issues and confidentiality concerns, including where these have employment law implications.

If proceedings cannot be resolved, our litigation lawyers have experience in both bringing and defending copyright and defamation claims through to Court of Appeal level.

What we do:

  • Advice on potential defamation claims and reputation protection
  • Acting in respect of claims including defences such as truth, qualified privilege
  • Copyright and trade mark and branding issues
  • Privacy, suppression orders and censorship (including New Zealand Bill of Rights 1990 implications)
  • Confidentiality
  • Media complaints
  • Injunctions and other relief

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Auckland Office: +64 9 379 9350

Wellington Office: +64 4 499 9824


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