What is defamation? =================== The law surrounding defamation is a very important tool in protecting businesses' and individuals' reputations. The explosion in the use of social media means that everyone is at risk of a defamatory statement being made publically available to a wide audience. Defamation trials are generally in front of just a judge without a jury. The judge decides whether the words are damaging to the claimant's reputation considering their ordinary and natural meaning. **If you have been defamed, click below for a free initial consultation with one of our expert Reputation & Privacy solicitors.** [BOOK CONSULTATION](https://vardags.com/contact "BOOK CONSULTATION") What is defamation? ------------------- A defamatory statement is one that would damage, or could damage, the reputation of the affected claimant. What will be considered is whether the statement would "lower the claimant in the estimations of right-thinking members of society generally". The defamatory statement also has to identify or refer to the claimant and be published to a third party. Identification of the claimant is not always straightforward and where this is disputed or uncertain, it will have to be determined by the court. The Defamation Act 2013 introduced the need for the publication of the defamatory statement to cause (or be likely to cause) serious harm to the claimant's reputation. Injury to feelings is not sufficient and damage to an individual's reputation has to be proved. A business will not have suffered serious harm unless the statement has caused, or is likely to cause, serious financial loss. What are the types of defamation? --------------------------------- So you may be wondering what does defamation mean? Defamation actually has two separate branches, which both concern the publication of defamatory statements: - Libel - Slander ### what is Libel? Libel is the publication of a statement in a permanent and lasting form, such as: - In writing - Broadcasts - Stage productions ### What is Slander? Slander is more transient and covers methods such as: - Speech - Gestures - Conduct It can be harder to prove slander without any evidence that the statement was made. It also requires proof of special damage (financial loss) as well as serious harm, unless one of the exemptions apply: - An allegation that the claimant has committed a crime that they can face a prison sentence for. - If the statement was meant to disparage the claimant in relation to his office, profession, calling, trade or business at the time of publication. What are the defences to defamation? ------------------------------------ There are four main defences which a defendant accused of defamation may raise to avoid liability. These are: 1. Truth - a defendant will have a complete defence if they can demonstrate that their statement was 'substantially true'. 2. Honest opinion - it is a defence if the defendant can demonstrate that the statement was a statement of opinion rather than an assertion of fact, that what they said indicated that it was an opinion, and that an honest person could have held the opinion. 3. Public interest - the defendant may not be liable if they can show that the statement was on a matter of public interest and that they reasonably believed that publishing the statement was in the public interest, with regard to all the circumstances of the case. 4. Privilege - this defence may be 'absolute' or 'qualified', but this essentially provides protection where people need to be able to speak freely for the sake of public policy. For example, statements made in Parliament will have absolute privilege, and an employer providing a reference for a former employee will have qualified privilege. Where the privilege is qualified, the defence will be defeated if the claimant proves that the statement was published maliciously. Who can make a claim of defamation? ----------------------------------- Individuals can bring a claim of defamation if they were the person defamed but they cannot bring it on behalf of another person (for example, in relation to someone that is deceased that has been defamed). Claims can also be brought by business and organisations, trade unions and other legal entities. Governing bodies, public authorities, political bodies and unincorporated associations are not able to bring defamation claims. Claimants have one year from date that the defamatory statement was made to bring an action for defamation. Remedies -------- There are various remedies that can be used in these cases. Often what the claimant will want is an apology or statement correcting the defamation or retracting it to correct the issue caused. The offer to amend was previously introduced by the Defamation Act 1996 and allowed the defendant to acknowledge an innocent mistake and correct it with an apology, published correction and payment of damages and costs. This process can only be used before the service of the defence. The offer is then either accepted or rejected by the claimant, but unless the claimant can show that the statement was malicious, the offer provides the defendant with a complete defence. Damages ------- Damages can be awarded to the claimant and can be compensatory or exemplary. The court will consider the: - Level of injury caused. - Seriousness of the defamation. - Extent and nature of the publication. - Any mitigating factors. The award of damages can be seen as vindicating the claimant's reputation as well as providing compensation for the distress and humiliation that was caused by the statement. Exemplary or punitive damages are used as a punishment, particularly where the defendant is a business that acted negligently. INJUNCTIONS ----------- Interim injunctions to prevent further statements while the case is ongoing are generally not granted. However, where a claimant is successful, it may be that an injunction will be granted to prevent the any further publications of the same or similar defamatory statements. PUBLICATION OF A JUDGEMENT SUMMARY ---------------------------------- The court can order the defendant that loses a case to publish a summary of the judgement as a way of remedying the harm caused. ORDER TO REMOVE THE DEFAMATORY STATEMENT ---------------------------------------- The court can also order the defendant to remove the defamatory statement to prevent any further harm. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- Do not think twice about engaging this firm, they have been nothing short of brilliant, and in my opinion you will not find better. Nicole Barnes Thanks to Emma and the team for the outstanding handling of my case. Throughout the months of my ongoing case I was kept informed and updated at all times never left wondering what was happening or where I stood. From meeting... Emma I felt instantly that my case was in good (understatement) hands, she has a friendly personal approach as well as so much expertise in the handling of family law cases. I feel so grateful to have had Emma and her team handle my case and for the outcome! Thank you! Emily Calvin The Vardags team are exceptionally knowledgable and strategic but also, and most importantly, they are confident and reassuring in a time when one can feel most vulnerable. Robert Douge Throughout my time using Vardags I felt that I have always been in the best possible hands. I enjoyed an excellent level of service and received accurate and precise legal advice. The lawyers are hugely talented, sensitive and... focused on getting the very best results. Their no-nonsense and direct approach is most valuable when time and costs are of the essence. I highly recommend them over and above any other law firm I have ever dealt with. Thank you Vardags. Valerie A responsive and helpful service; quick to understand and advise on the issues. Ian Smith I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible. C OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)