What is defamation?
Defamation is any spoken or written statement deemed harmful to the reputation of a business, which is then proved to be false. Written defamation is referred to as ‘libel’, spoken defamation as ‘slander’. The difference between the two is important because libel and slander have different requirements as to what a claimant must prove.
Defamation claims
Defamation law is designed to protect and compensate individuals and business from having their character and reputation improperly damaged by untrue defamatory statements. This might include, for example, false statements about incompetence or lack of skill, product or service quality, misconduct or mismanagement or unethical or immoral behaviour.
Broadly, to succeed in a claim for defamation the statement complained of must be shown to:
- be defamatory (in the sense that an ordinary person would think worse of the claimant as a result of the statement);
- identify or refer to the claimant; and
- be published to a third party.
It must also be proven that the statement caused, or is likely to cause, serious harm to the claimant’s reputation. Where an entity is trading for profit, the serious harm to its reputation needs to have caused, or be likely to cause, serious financial loss. This will be determined by reference to actual facts considering the impact of the statement.
Defences which can lead to a claim being unsuccessful commonly include:
- Truth
- Honest opinion
- Publication on a matter of public interest
- Privilege
- Innocent dissemination
Suing for false or defamatory comments
Our experienced team of defamation solicitors are skilled in advising claimants on how best to protect their reputations.
We can advise on all aspects of reputation management including defamation (libel or slander), malicious falsehood, privacy, harassment, misuse of private information, breach of confidence, data protection and intellectual property infringement.
We support our clients throughout their reputational crises. We provide thorough guidance on all the options, focussing on strategy and risk. Our advice is always pro-active, practical and decisive.
Where there is advance notice of potentially damaging material, whether in traditional or online media, we will promptly intervene to try to prevent publication or minimise its impact, for example, by giving warnings of legal consequences for publishing false information and, where appropriate, negotiating a right to respond alongside the proposed publication. Where damaging material is already in the public domain, we can seek remedies on your behalf including dealing with the removal or ‘take down’ of the content, an injunction to prevent further publication and damages. Frequently, we secure the removal of content, an apology and compensation through negotiation. If formal proceedings are necessary, our litigators will provide comprehensive guidance throughout the process.
We understand that the situations our clients face can sometimes attract the interest of the media. We can assist with preparing responses to the media as well as preparing internal and external communications.
If you believe that false or defamatory comments have damaged your business reputation, causing a financial loss or loss of future revenue, you may want to claim for compensation. You can also seek an injunction to prevent further publication of the defamatory comments.
Malicious falsehood
An action in malicious falsehood is also often brought with a defamation claim. Both defamation and malicious falsehood concern the publication of false statements but to succeed in a malicious falsehood claim there is no requirement to prove damage to reputation.
