Defamation law

How lawyers can advise victims of ‘cancel culture’

Cancel culture is a decade-old phenomenon that has seen many people and brands come under the weight of harsh criticism that explodes online and spreads widely. Given its relatively recent rise in the public consciousness, how can lawyers advise those wanting to sue over being cancelled?

Jess Feyder • 31 October 2022

The legal implications of cancel culture were a focal point in last week’s Court of Public Opinion panel, hosted via webinar by Unisearch and UNSW Edge. The panel included defamation law barrister Kieran Smark SC, First Impressions principal Paul Blanket, and Professor Valentyna Melnyk of the UNSW Business School.

Public humiliation is often the objective of cancelling a person or organisation and can have significant results in damaging reputations; there are both positive and negative aspects to this, the panel discussed.

On the one hand, cancelling someone can bring an immense amount of attention to a particular social issue, such as how the phenomenon of cancelling of people alleged of sexual assault crimes has increased the spotlight on sexual assault, and added to the negative implications for committing such crimes, explained Professor Melnyk.

Negative effects of cancel culture arise when claims are unjustified or exaggerated, she said.

“Cancel culture is, at its heart, a simplification process,” explained Mr Smark.

“The bulk of people participating in cancel culture have often been convinced of a position without knowing 95 per cent of the facts,” explained Mr Blanket, noting that they come to a conclusion about the whole story based on a headline and a picture, and have no clue of the nuances involved.

Cancel culture is rife and only going to grow, the panellists agreed, and so are the numbers of clients coming to lawyers with defamation cases.

“The transmission of material online is really the reason why defamation is so alive, and why it’s so topical,” stated Mr Smark.

“The way content spreads on social media is infinitely more powerful than with print media.

“People are more willing now to push back and say, ‘Someone said this on Twitter; I’m going to fight back’.”

They are emboldened “by reports of other court cases, where people have succeeded in getting verdicts or succeeded in getting stuff taken down”, he said.

“More people are coming for advice and thinking they can sue for comments that are put up, particularly on media websites. And they’re going for it.”