Guide to Defamation

Defamatory statements can have a hugely significant impact on a victim's life, business and future success. If a victim can prove that defamation has occurred and that the statements published have or will have a serious affect on their reputation and cause them harm, they are likely to be eligible to make a claim.

Defamation laws are defined by statute law and common law and are governed by the contents of the Defamation Act 2013. Solicitors can support those who believe that they are the victim of defamation in making a claim against those responsible to remove publications from circulation if applicable, and secure compensation for any losses or harm suffered.

What is defamation?

Defamation happens when words of an untrue nature against another person or company that belittle or tarnish their reputation are published for a third party to view or verbally communicated. The publication or communication can serve to undermine the integrity and reputation of the subject and can lead to ridicule, contempt or mistrust which in turn, can have a severe impact on the wellbeing and security of an individual or business.

The act of defamation to damage the reputation of the claimant can fall into one of two areas: slander and libel. Slander occurs when the defamation is an act of a temporary nature, such as that of spoken words. Libel, on the other hand, is a permanent form of defamatory publication, such as written words or recorded material. The requirements of each type of defamation include:

• Slander: Slander must be made against a person or group who are identifiable, it must be an accusation or a statement that has or could cause harm to the reputation of the subject or subjects.
• Libel: Libel statements do not need to be written, but they must be made against a person or group of individuals who are identifiable and must have the potential to cause harm to their reputation.

In order for a claimant to be eligible to make a defamation claim, it will be necessary to demonstrate that the slander or libel act occurred by providing proof of the occurrence. The trial will usually be heard without a jury unless the court deems it necessary and the judge will decide whether the act was defamatory and if the words given their normal meaning, amounted to damage to the claimant's reputation.

Requirements for Making a Defamation Claim

For a claimant to make a successful defamation claim, they must be able to prove that the defamatory statement that has been made refers to them. This does not necessarily mean that the claimant must be specifically named, as it is sufficient for a reference that would lead to their identification having been made.

The claimant must also prove that the defamatory statement has caused or has the potential to cause serious harm to their reputation. This is a requirement that was introduced in the Defamation Act 2013. Examples of such cases include defamation that impacts on a person's success in business, their ability to maintain a normal social standing or their reliability in specific scenarios.

Defamation Time Limits

Defamation cases are bound by strict time limits, and a claimant is required to initiate their claim within one year of the defamatory publication being made available. This time limit may be extended if the court sees reasonable grounds to do so, though this only occurs in limited cases. Individuals who believe that they have been the victim of defamation are encouraged to begin their claim as soon as possible by contacting an experienced defamation solicitor.

Possible Results of a Claim

A claimant can pursue their defamation case with the intention of seeking sanctions which include damages and injunctions. Both sanctions serve to offer protection and resolve for the claimant and include:

• Damages: Compensation can be paid to a claimant for the harm caused by the defamation. The amount of compensation that is awarded to the claimant will depend upon the level of harm or loss suffered.
• Injunctions: Injunctions can be sought by the claimant in order to prevent further circulation or publication of the defamatory statement and material. In order to be eligible to seek an injunction, the claimant is required to prove that the defendant acted in bad faith. It is possible for an injunction to be given on an interim basis.

Acceptable Defences

There are several potential defences to a defamation claim, with some of the most common including:

Truth

A full defence is established if the defendant can demonstrate that the contents of the statement made were true.

Honest Opinions

This form of defence is relatively new and replaces the previous defence of ‘fair comment'. The defendant is required to meet three stipulations to have an eligible defence of honest opinion, which are as follows:

• The defamation must have been an expression of opinion
• The defamation must highlight the foundations of the opinion
• The opinion complained of must be that of one that an honest individual could have maintained, based on a fact that was in existence at the time of the publication.

Consent

If the claimant gave consent for the defendant to make the publication or statement, they would be excluded from bringing an action against the person who made or published the comments.

Website Operators

A defence against a defamation claim can be brought by an operator of a website if they are able to prove that they did not post the comments themselves. However, the claimant may be able to pursue a claim against the website operator if it is not possible to identify who posted the comments, the operator was given notice of the complaint, and the operator failed to respond.

Statements Published in the Matter of Public Interest

If a person publishes a statement on the basis of it being in the public interest, they may have grounds for an eligible defence. In order to achieve this, the defendant must demonstrate that the statement was in the best interests of the public and that they sincerely saw the publication as a matter of public interest