Defamation

What is "defamation"?

Defamation is when someone makes a false claim about you that harms your reputation. It can either be libel or slander.

Libel is when the claim is written or permanent, for example in a newspaper article, TV or radio broadcast, email or website posting.

Slander is when the claim is spoken or it could be an action or gesture.

How do I prove something is defamatory?

There are three key things you will have to prove to win a claim for defamation. You will have to show that:

The allegation damages your reputation
It is available to third parties - that is, someone other than you
You are named or otherwise clearly identifiable.

The law presumes you are of good character. It is the person who made the allegations who has to show that, on balance, they are true.

How can someone defend their allegation about me?

There are a number of defences for defamation. These are:

The words used aren't defamatory.
You can't be identified.
The claim is true - this is called justification.
The claim is a fair comment - this means the claim is an opinion about something that is of public interest and based on true facts.
Absolute privilege - this only applies to claims made in court or in Parliament, but it doesn't matter how malicious or untrue the claim is in these situations.
Qualified privilege - this applies if the claim is made because of a legal, social or moral duty. This could be a reference provided by your old employer to your new one or a media story of public interest provided the journalist acted responsibly.
Innocent dissemination - this applies if the person you are claiming against is not the author, editor or publisher of the claim and they did not know they were publishing a defamatory statement. This applies, for example, to internet service providers and newsagents.

How can I respond to these defences?

If they can prove justification or absolute privilege there is nothing you can do as these are complete defences.

If they claim fair comment or qualified privilege, you can respond by showing they were motivated by malice. This could be because they did not believe the claim was true but published it anyway, or they acted dishonestly because they didn't really believe what they were writing.

What happens if I win my defamation claim?

If you are successful, you may get damages. These are paid to compensate you for the harm done to your reputation and for any hurt feelings. You may also get your legal costs paid by the other side.

If you are successful, you may get damages. These are paid to compensate you for the harm done to your reputation and for any hurt feelings. You may also get your legal costs paid by the other side. Sometimes the court might impose an injunction preventing someone from publishing claims about you. But it is difficult to get this and it will only happen if it's clear someone is going to publish something that's obviously untrue.

Can I get an apology?

You can't make a claim for an apology in a defamation case - this would have to be negotiated as part of a settlement.

A public apology could be a statement made in court. Or you might get an apology published in a newspaper or on a website or even broadcasted on TV or the radio.

How can I make a claim?

Normally you will have to make a claim for defamation within one year of the date of publication, so you should get legal advice as soon as possible. You will need to have a copy of the publication you are complaining about.

Where can I get more information?

If you have any questions or think you have a claim, you can speak to experts at Russell Jones and Walker solicitors. Our contact details are on our website, yourlegalrights.co.uk, or you can ring our freephone number 0800 916 9065.

Welcome to Your Legal Rights, a free information service about legal matters that might affect you.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

Russell Jones and Walker's contact details are on our website yourlegalrights.co.uk. Or you can call us on our freephone number 0800 916 9065.