How To Deal With Defamation of Character in the UK

What Is Defamation of Character?

Defamation of character occurs when an untrue statement is made about you, your business, or your offerings that can damage your reputation. An important aspect here is that the negative statement must be conveyed to others, not just to you personally. 

For example, if someone makes a wrong claim about you or your business directly to you, it doesn’t qualify as defamation since there’s no third-party involvement.

However, suppose the same claim is made in a public setting or through a medium where others can observe it, such as a social media post, a review on a website, or an article. In that case, it then becomes a matter of defamation. This is because the statement can potentially harm your reputation among those who hear or read it.

It’s vital to note that not all negative statements are defamatory. The statement must be untrue and presented as a factual claim rather than an opinion to be defamation. Additionally, there must be evidence that the statement caused or has the potential to cause significant damage to the reputation of the individual or entity targeted.

Types of Defamation

Defamation can be broadly categorised into two main types: libel and slander. Both involve making false statements that can damage someone’s reputation, but they differ in form and the persistence of their presence.

Libel

Libel means defamation through a statement in a permanent form. This includes not only written statements in books, newspapers, or posts published on social media but also extends to recorded broadcasts, such as television or radio, as well as stage productions.

The defining characteristic of libel is its fixed nature—the defamatory information is captured in a medium that is stable and can be revisited, which potentially allows the statement to cause harm over a prolonged period.

Slander

Slander involves defamation through a transient form of publication. Typically, this involves spoken words, where the defamatory statement is not recorded or written down but is heard by others. Slander can also include non-verbal forms of communication, such as gestures or other conduct, that convey a defamatory message.

Due to its transient nature, slander is often seen as less damaging than libel, as the defamatory statement does not have the same longevity or potential for widespread dissemination.

Both forms of defamation have the common element of a statement being published to a third party, which damages the stature of the individual or entity being defamed. However, due to their differences, the legal approach and the type of evidence required to pursue each claim can vary, with libel traditionally being treated as the more serious of the two, often due to its broader reach and lasting impact.

Proving Defamation: Establishing Your Case

To demonstrate the legitimacy of the defamation case, some specific set of criteria must be met:

1. There must be a claim or assertion suggesting that someone has engaged in illegal, unlawful, or improper conduct, often made without concrete proof.
   
2. The claim must be directed clearly towards a specific, identifiable individual or entity.
   
3. The claim must lead others to view the party negatively, thereby harming their standing in the community.
   
4. There must be verifiable evidence of harm or loss that has resulted from the defamation, which can include tangible losses like financial harm or intangible ones like emotional distress.

The Process of a Defamation Claim in the UK

Defamation in the UK is governed based on the Pre-action Protocol for Media and Communications Claims. Here are the general steps in making a claim for defamation:

Drafting a Letter of Claim: The first step in making a defamation claim involves drafting a Letter of Claim. This document should detail the publication containing the defamatory statements, the exact statement, its publication date or spoken context, the claimant’s interpretation of the statement, and how it was inaccurate or unsupportable. It should also illustrate how the statement caused or could cause serious harm to the claimant.

Defendant’s Response: The defendant may accept the claim (fully or partially), request further information, or reject the claim, providing reasons for their decision. 

Alternative Dispute Resolution (ADR): Based on this response, the claimant may consider alternative dispute resolution (ADR) methods like mediation or arbitration. If ADR becomes unsuccessful, parties are advised to conduct a ‘stocktake’ to reassess their positions and explore other resolution options.

Proceeding to Court: As a final resort, if the issue remains unresolved, a defamation court claim can be initiated.

Since the process is often complex,  expert guidance is recommended. The claimant can seek advice from specialist defamation solicitors to draft the Letter of Claim, provide legal advice on the nuances of litigation, and guide you on how to bring a claim for defamation.