What is defamation?
Defamation law is governed by the Defamation Act 2013 (Act). Per section 1 of the Act, defamation occurs when a statement is made which has the intent or effect of causing serious harm to the reputation of the individual.
In the case of bodies that trade for profit, the serious harm must also result in serious financial loss.
Two Types of defamation
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Slander:
Slander refers to transient statements made. These are statements made in a less permanent form such as speech or physical gestures.
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Libel:
Libel refers to statements made in a permanent form. This includes, but is not limited to writing, TV and Radio broadcasts and social media posts.
Your options
If a defamatory statement is made and has caused serious harm to you/your business, you can proceed with Court action to:
- Have a published retraction or correction to the defamatory statement;
- Have the individual who made the defamatory statement issue an apology;
- Seek an injunction against the individual who made the defamatory statement so they cannot repeat the statements made; and/or
- Seek financial compensation for the harm suffered as a result of the defamatory statement for example, harm to reputation, personal trauma and loss of wages.
Please note: These options are not mutually exclusive.
If you are aware that a defamatory statement is going to be made about you/your business but has not yet been made, you can seek legal advice to prevent the statement from ever being published, thus avoiding serious harm to you/your business. If you wish to explore such an option, it is essential that you seek legal advice quickly.
Defending a claim
If a defamation claim has been made against you, defences you may rely on include:
Truth
- If the defendant can establish that the statement subject to the claim was ‘substantially true’, they will have a successful defence.
- The onus is on the defendant to prove the statement is substantially true. This is because there is a legal presumption that defamatory statements are untrue.
Honest opinion
An honestly held opinion can be a viable defence if all of the following conditions are met:
- The statement complained of was a statement of opinion;
- The statement complained of indicated, whether in general or specific terms, the basis of the opinion; and
- An honest person could have held the same opinion on the basis of any fact that existed at the time the statement was made or anything that was asserted to be a fact in a privileged statement published before the statement was complained of.
Publication on a matter of public interest
If the statement complained of was, or formed part of, a statement on a matter of public interest and the defendant reasonably believed it was in the public interest to publish the statement, this will be a viable defence to a claim.
What constitutes a statement on a matter of public interest will depend on the facts of each individual case.
Your statements may also be protected under privilege, either absolute or qualified.
How can we help?
Amrik Basra is a Trainee Solicitor in our Private Litigation team.
At Nelsons, our team specialises in these types of disputes and includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS). The team is also recommended by the independently researched publication, The Legal 500, as one of the top teams of specialists in the country.
If you have concerns about the above subject, please contact Amrik or a member of our expert Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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