What is Defamation?
Defamation is a legal term which describes the spreading of damaging untruths about someone. The false statement can be about the creditworthiness, reputation or character of the victim. If this untrue information is spread to at least one other person, it can represent defamation. If you believe you have been affected, then Southampton Row Solicitors can help you.
defamation is an umbrella term for the spreading of untrue information. At Southampton Row Solicitors we specialise in this sort of litigation and we will be able to help you decide what exact legal term applies to your case. In general, though, there are 2 categories - slander, and libel. One must also consider malicious falsehood. Malicious falsehood is broadly analogous to libel: where libel addresses injury to the reputation of persons, malicious falsehood addresses injury to the reputation of property, caused by a false statement of fact typically in the form of a business' goodwill, thereby causing financial loss.
Are you a victim?
Deciding if you have a case against someone is complicated. We will be happy to look into your claim and help you make the important decisions these situations necessitate.
For a statement to be classed as defamation, there are a few things that the victim must demonstrate to a court. The first is to show that the assertion was actually defamatory. It must have the effect of lowering the opinion of the victim in the eyes of 'right thinking people'. The statement must be serious enough that it cannot be brushed off as an insult but will affect the future dealings of the victim with the offender's audience.
This audience is another vital part of what makes up a defamation case. If a claimant knows that someone holds a damaging opinion of them, this is not enough to give rise to a case. Even if the claimant believes that what someone has said to them personally is offensive or damaging, this again is insufficient. For a claim to be valid, a third party must exist who, on becoming aware of the remarks, had their opinion of the claimant negatively altered.
Not only does the statement have to be significantly damaging, with a third party involved, it must be possible to identify the claimant from the remarks made. Without the ability to link the comments to the claimant, there are no grounds for a defamation case.
Slander, libel and malicious falsehood
Slander is, crucially, a spoken statement. It must also have been made without the explicit intention to cause harm to its subject or their reputation. Therefore, if an assertion is made which is believed to be true and is thought to be in the public interest, its falsehood would define it as slander. For a slander case to be successful, evidence is usually required to prove that the claimant suffered direct financial losses because of the statements made about them.
Libel, like slander, must be a statement that was considered as relevant to the public interest was thought to be true which, after publication, turned out to be false. The subtle difference between libel and slander, however, is that libel is a broadcast, written or filmed statement, rather than a spoken one.
Making a claim
The High Court is the arena for most defamation claims. If you wish to pursue compensation, or a court order to prevent the false allegations being repeated, obtaining advice from an experienced firm is advisable. An important point to note though is that there are strict time limits on malicious falsehood cases - 12 months from the date the statement was made, they lose their validity. Courts may be able to extend this discretionarily, but it is important to act quickly if you think you have a case.
It is worth noting that while an apology can be requested - in writing or verbally, the courts cannot compel a party to say they are sorry. In addition to a full blown trial, there is also the possibility of mediation, arbitration and dispute resolution services available.
What defence is there?
In the situation that you are unlucky enough to be accused of defamation yourself, it is critical that you take legal advice. Southampton Row Solicitors Litigation department in London will help you pick your way through the legal minefield of defamation and obtain the best remedies available in all the circumstances.
For more information please contact Southampton Row Solicitors' Litigation Department.
