Why A Charity May Want To Pursue A Claim In Defamation?

Many charities rely on their media presence to attract donations and assistance so that they may pursue their charitable aims. This allows charities to have a larger audience due to having a greater reach. There can, however, be instances where the media adversely affects a charity and reduces the support it can receive. This is most often seen when damaging media is posted about a charity, which affects the public’s perception of the organisation.

When should a charity pursue a defamation claim?

When media is published by another about a charity, which is not true, a charity will have to decide whether or not this is something they actively pursue as a claim of defamation. This decision will lie with the trustees of the charity and before considering any formal proceedings, they should be sure that they can show harm to the charity’s reputation and a financial loss.

The two will, however, often go hand in hand. If the charity cannot demonstrate either, this raises the question of whether or not the published media was in fact defamatory.

Harm to the charity’s reputation and a financial loss

When considering harm to the charity’s reputation the charity must be able to show it has affected the public’s perception of the charity. If the offending published media has not affected the charity’s reputation, they will be unable to meet the requirements to bring a claim of defamation, and it is also unlikely that they will be able to show that they have suffered a financial loss. If a charity can show damage to its reputation, a financial loss will likely follow, as people will be less likely to support the charity.

Providing the requirements for financial loss can be met, should a charity pursue defamation proceedings?

Charities should be aware pursuing a defamation claim can be costly and should consider alternative forms of dealing with the issue, whether that be reaching an agreement with the offending publisher or considering publishing their own response. Regardless of the action the charity chooses to take, the charity should act promptly as a claim of defamation should be brought no later than one year after the defamation was committed.

The outcome of a defamation claim can be successful and can result in the reputation being restored and recovering some of the financial loss suffered. Most recently, The Times newspaper paid £50,000 to a Claimant Charity and issued a public apology to restore the Charity’s reputation. This case involved the Charity of Al-Khair Foundation where The Times suggested they were involved with human trafficking, which was proven not to be true. This case acts as confirmation that where a charity has suffered serious harm due to an act of defamation, Court proceedings should be considered to recover the loss suffered and restore their reputation.