The British dark comedy film, Wicked Little Letters, is based on a true story in the 1920s in the seaside town of Littlehampton about two neighbours getting into a war of words. It shows how the law in relation to defamation has changed but the meaning of defamation remains context-sensitive and flexible.
Wicked Little Letters – Film and true background
Rose Gooding moved to Littlehampton and she formed a friendship with her neighbour, Edith Swan, who appears to be a kind and well-composed woman. The friendship starts to turn sour after several arguments between them with Edith reporting Rose to the inspector for cruelty to children for ill-treating her sister’s child (her child in the film).
Edith and everyone in the town who is associated with the Swan family start to receive some foul-mouthed letters filled with accusations. Edith launches a private prosecution against Rose regarding these poison-pen letters and Rose is found guilty of criminal libel. By 1921, Rose is sent to prison for 12 months but continues to protest her innocence.
Whilst Rose is in prison, Edith decides to write more offensive letters. Police soon notice the similarities between the handwriting in the libellous letters and Edith’s handwriting. In 1923, detectives mark a set of postage stamps with invisible ink and instruct the Post Office to sell the set to Edith. Edith is later uncovered to be the mastermind of the entire scandal and is found guilty of criminal libel.
Defamation – Libel
Libel, which is a defamatory statement being in a written or permanent form, did not get decriminalised in the United Kingdom until 2009 when amendment was made to the Coroners and Justice Act. Cases like the Littlehampton Letters Scandal having a defamer being sent to prison would no longer happen in the modern times. However, it does not mean that one cannot be found liable for defamation in a civil case.
A claimant needs to show that the statement complained of:
- Is defamatory;
- Identifies or refers to him/her;
- Is published to a third party; and
- Causes or likely to cause serious harm.
There is no single comprehensive definition of what is defamatory. Vulgar abuse, like that set out in Edith’s letters, is still likely to be considered defamatory in the modern context.
Comment
Over 100 years after the Littlehampton Letters Scandal, spreading anonymous hate, sadly, remains prevalent practice in societies but have evolved into online ‘trolling’. Unlike the past, it is now much easier to trace the identity of the defamer with the help of technology. The Court can decide to lift the veil of anonymous posters should justice require it to interfere with the respect for privacy and freedom of expression, as previously discussed in our blog.
How can we help?
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.