There is a fine line between the right to express ourselves freely and the law of defamation. Finding yourself on the wrong side of that line can land you in hot water if you are not careful.
For this reason you should always be careful what you say, for example, about your competitors. You should also bear in mind that if you repeat a defamatory statement made by another person you could find yourself facing a defamation claim.
What is meant by defamation?
Defamation is an area of law that is concerned with statements that cause damage to a person’s reputation. Defamation is commonly defined by lawyers as being a false statement made about a person, which tends to lower their standing in society or cause society to shun or avoid them or expose them to contempt, disliking, hatred or ridicule.
For the statement to be defamatory it must be communicated to at least one other person. It is not necessary to name the person to whom the statement relates. If they can be identified from the statement, that is sufficient.
The term ‘slander’ normally refers to a defamatory statement that has been made orally. The term ‘libel’ is used to describe a defamatory statement that has been made in a more permanent form, such as in writing.
If the person who made the statement knew that it was untrue and made it with malice a separate claim may arise under an area of law known as ‘malicious falsehood’.
Defamation on the internet
Communications over the internet tend to be informal. However, it is important to bear in mind that the law treats statements made over the internet, for example in forums, in much the same way as it does statements made in more traditional formats.
Internet service providers can be liable for defamatory statements made on sites which they host, which can make it easier to get defamatory statements removed.
Defamation claims
Normally a defamation claim will need to be brought within twelve months of the date of the defamatory statement.
There are a number of possible defences to a defamation claim, the most common being that the statement was true. Another common defence is that it was in the public interest to make the statement.
A person who has been slandered will normally only be awarded ‘damages’ (compensation) if they can prove that they have suffered financial loss as a result of the defamatory statement. However, in a libel case the victim can be awarded damages even if they have not suffered any financial loss. Injunctions are commonly sought in defamation claims in order to stop a person from repeating the allegations.
Defamation claims are notoriously expensive. As a consequence claims tend only to be brought by the rich and the famous. Court proceedings are not the only option, however, and there are a number of other ways in which a defamation case can be resolved ranging from informal negotiation to mediation.
It’s always best to avoid getting embroiled in a dispute. The best way of doing this is to be cautious what you say about others in the first place.
This article was written by Alex, a friendly freelance lawyer, writer and researcher whose work covers a wide range of areas of law. Before going freelance Alex spent over 10 years working for two of the country’s top law firms. To get in touch, email alexthefreelancer@yahoo.co.uk
