Defamation used to be a rich man’s game, commonly linked to public and famous figures. This is no longer the case. The growth of social media has led to an increase in claims of defamation by ‘ordinary people’ with defamation cases rising in 2015 by 11%.
First things first, defamation comes in two forms:
- ‘Libel’, which is defamation of a permanent nature, is the easiest to prove. This is defamation published in written media, or broadcast in other media such as TV or radio.
- ‘Slander’, which is defamation of a non-permanent nature, is much more difficult to prove. This is usually where a statement is made to a third party which is designed to lower the defamed person’s social or professional standing.
- The courts will measure slander on whether “the right thinking” person would consider it as having lowered someone’s standing. It’s usually the case that a simple insult is not slander.
- Financial loss must also be proved as a result of the defamatory statement.
While the above is straight forward, there are a number of hurdles to bring about a claim for defamation. The Defamation Act 2013 states that a person affected must show that the statement made against them has caused (or is likely to cause) serious harm to their reputation. An example, being the defamatory statements posted on fansonline.net against Blackpool FC owners Owen and Karl Oyston. The Judge held that the comments went well beyond criticism of their management and awarded them £20,000.
Further to this, there is a 12 month time limit for starting your libel or slander claim at Court which begins on the date of the statement being made. The Courts do however have some discretion in extending this in specific circumstances, so individual advice should always be sought.
You need to consider what you are seeking to achieve from bringing a claim. You may want the perpetrator to take down or stop repeating an allegation, for an apology or retraction, or for compensation for the harm caused.
If you wish to bring a claim forward we will discuss with you what you are seeking in order to judge whether proceedings are required or whether, to limit costs, a letter to the perpetrator confirming the law and warning them to take down or withdraw the allegation would suffice.
Should you believe yourself to be affected please contact our specialist litigation team on 029 2047 5100 who will be able to assist with your potential claim.