Individuals and businesses can both be affected by someone making false statements about them which are malicious and untrue.
If you’ve had a statement made about you which could cause serious harm or damage to your reputation, and cause a loss, you may be a victim of defamation.
In this article, Jason Grimster, of our Dispute Resolution Team, outlines the basics for dealing with defamatory statements and how you may be able make a claim.
What is defamation?
Defamation is a statement which causes harm to the character of the person or organisation it refers to.
Whereas defamation is a collective term used by parties who are victims of a harmful statement, there are two sub-categories of defamation which include libel and slander.
What are the different types of defamation?
Libel and slander are both statements which are damaging to a person’s reputation. Libel is written and slander is spoken word.
In general, libel is considered to be worse and easier for the defamed person to bring a case.
What is an example of defamation?
Some examples of defamation are:
- Writing a negative review about a company, which is false, with the intention to damage its business.
- False representations, under Section 1 of the Defamation Act 2013 (‘the 2013 Act’), that someone has alleged commission of a criminal offence.
- Falsely accusing a colleague of undertaking an act which results in them losing their job.
What can I do if someone is defaming me?
If you been defamed by someone, you may be in a position to bring a claim under the 2013 Act.
However, you must act quickly! Claims for defamation must be made within one year from the date which the defamatory statement was made.
Who can bring a claim for defamation?
Both companies and individuals may be successful in a claim for defamation. However, you will be ineligible to bring a claim if you are a public body, political body or unincorporated associations.
What is needed to prove defamation?
Prior to making a claim for defamation, you must satisfy a set criteria, which includes:
- There must be an allegation (a claim or assertion that someone has done something illegal, unlawful or wrong, typically one made without proof).
- The allegation must me made against a clear, distinguishable party.
- The allegation must cause someone to think less of the party and damage their reputation.
- There must be proof of damages.
What are the defences to defamation?
The 2013 Act provides the possible defences which a defendant can raise in response to a claim for defamation, a selection of these include, but are not limited to:
Truth
If a statement or allegation is true, this will provide a complete defence for a defendant.
In these circumstances, a defendant will be required to significantly prove the statement is factually correct.
Honest opinion
Honest opinion arises if a defendant can show that the statement was a view that a reasonable person could have held.
Publication on matter of public interest
Where a statement comprises of material which a defendant reasonably believed was in the public interest, this could amount to a defence.
Operators of Websites
It will be a defence if an operator of a website can show that it was not them who posted a defamatory statement on a website.
In these circumstances, a defence can be defeated if the claimant can satisfy a set criterion.
Limitation
In addition to the above, Section 4A of the Limitation Act 1980 provides a complete defence if a claim is brought after 1 year has elapsed.
The Court may use their discretion to allow a case to continue past the relevant limitation period in limited circumstances and will be assessed on a case by case basis.
Leading Case Law
The recent case of Countdown presenter Rachel Riley v Murray, a Stakeholder Manager for the leader of the Labour Party at the time, Jeremy Corbyn MP, is a reasonable starting point for anyone looking at making a claim for defamation. The case arose after a tweet was posted by the defendant.
The defences here failed, as the tweet was not considerably true/factual. Further, while the defendant showed that they satisfied a proportion of the honest opinion defence, the Court of Appeal held that an objective honesty condition was not met as the statement relied wholly on the statement being true; which was found to be untrue.
Not only did the above defences fail, the defence of public interest failed as it was held to be unreasonable.
Other cases which have been considered in cases are the likes of Kemsley v Foot [1951] which the defence of Truth was successful and Tse Wai Chun Paul v Cheng [2001] where the defendant held an honest opinion on the statement which was shared with third parties and therefore could not be held liable.
Why would you want to make a claim for defamation?
You may wish to seek monetary damages for your losses, to compensate you for harm caused by defamation, and to restore your reputation.
Alternatively, in certain circumstances, an injunction may be obtained to stop the defendant party from defaming you in the future.
At Frettens, our bright Dispute Resolution Team can help you in making such a claim for defamation, or even defending one. You can find out more below.
Solicitors for claiming and defending defamation
At Frettens, our team have experience in launching and defending defamation claims and would be happy to help you with this.
If you have any questions or would like to instruct us, please feel free to contact us on 01202 499255 or fill out the form at the top of this page.
We offer a free initial chat for all new clients.
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