Defamation is broadly defined as behaviours that damage another’s reputation. In summary, it encompasses two key principal types: libel and slander. Libel is ‘lasting’ forms of publication and slander is ‘transient’.
Libel is usually used by journalists and media organisations on more permanent publication forms like print or online broadcasting. This form is generally more likely to infer harm due to its permanent and easily accessible nature (although a Claimant must still show actual or likely future harm). Whereas slander refers to spoken words or gestures, usually it requires proof of tangible damage to be actionable.
To bring a claim, a court requires the Claimant to show that the words used are defamatory, and there are two key elements required. First, it must “tend to lower the Claimant in the estimation of right-thinking people generally”. Secondly, the Claimant must establish that the statement would have a substantially adverse effect on them or their reputation.
The Defamation Act 2013 (DA 2013) provides that a statement is not defamatory unless its publication has caused, or is likely to cause, serious harm to the reputation of the Claimant. This requires a strict threshold for bringing claims in defamation to avoid wasting the Courts time. For Companies, the DA 2013 demands proof of serious financial loss to meet this threshold.
The remedies available for a successful claim for defamation are damages (compensation), an injunction, publication of a summary of the court’s judgment and an order to remove the defamatory statement.
Businesses and or individuals should therefore consult with an experienced legal professional when dealing with a potential claim for Defamation. We can provide crucial guidance on whether specific publications (such as bad reviews, posts online or the like) could be considered to defame and the likely effects this may have on the company or individual. We can also help navigate the legal intricacies, ensuring that any action taken is both justified and strategically sound.
In summary, defamation law is a tough nut to crack for Claimants. The strict requirements of demonstrating serious harm or financial loss can only mean that companies must be meticulous in their approach.
If you would like any advice on defamation, or assistance with any other aspect of litigation please contact Chelsey Wileman, our Associate Solicitor in our litigation team, on 0116 478 5905 or at chelsey.wileman@bhwsolicitors.com.