Charity Defamation

Charity Defamation FAQS

Below, we have answered some frequently asked questions concerning charity defamation

• What is charity defamation?

  Charity defamation occurs when false statements are made about a charitable organisation that harm its reputation. This can include:

  • False accusations of mismanagement or fraud
  • Untrue statements about the charity’s activities or beneficiaries
  • Malicious rumours about the charity’s trustees or employees

  These statements must be communicated to a third party and cause, or be likely to cause, serious harm to the charity’s reputation.

• How does UK law protect charities from defamation?

  In the UK, charities are protected under the Defamation Act 2013. Key protections include:

  • The “serious harm” threshold: Claimants must prove that the defamatory statement has caused or is likely to cause serious harm to their reputation.
  • The right to bring an action: Charities, as non-natural persons, can bring defamation claims if the statement has caused or is likely to cause serious financial loss.
  • Various defences available to defendants, including truth, honest opinion, and publication on a matter of public interest.

• What are the potential consequences of defamation for a charity?

  Defamation can have severe consequences for charities, including:

  • Loss of public trust and damage to reputation
  • Decrease in donations and financial support
  • Difficulty in recruiting volunteers or trustees
  • Challenges in fulfilling charitable objectives
  • Potential regulatory scrutiny or investigation

• What defences are available in charity defamation cases?

  Common defences in charity defamation cases include:

  • Truth: If the statement can be proven to be substantially true
  • Honest opinion: If the statement is clearly presented as an opinion rather than fact
  • Publication on a matter of public interest: If the statement was on a matter of public interest and the publisher reasonably believed it was in the public interest to publish
  • Privilege: Certain statements made in particular contexts (e.g., in Parliament or Court proceedings) are protected

• How can charities prevent defamation?

  Charities can take several steps to prevent defamation:

  • Maintain transparent operations and clear communication with stakeholders
  • Implement robust social media and public relations policies
  • Train staff and trustees on defamation risks and proper communication practices
  • Regularly monitor mentions of the charity online and in the media
  • Respond promptly and professionally to criticism or negative comments

• What should a charity do if it believes it has been defamed?

  If a charity believes it has been defamed, it should:

  1. Document all instances of the defamatory statement
  2. Assess the potential harm to the charity’s reputation and finances
  3. Consider requesting a retraction or correction from the publisher
  4. Seek legal advice to understand the options available
  5. Consider alternative dispute resolution methods before litigation
  6. If necessary, prepare for potential legal action

• How long does a charity have to bring a defamation claim?

  In the UK, the limitation period for defamation claims is one year from the date of publication of the defamatory statement. However, in cases of continuous publication (such as online content), the time may start from when the content was removed or last accessed.

• Can individual trustees or employees sue for defamation related to their charitable work?

  Yes, individual trustees or employees can sue for defamation if false statements are made about them in relation to their work with the charity. However, they would need to prove that the statement caused or is likely to cause serious harm to their personal reputation.

• How does the law handle online defamation of charities?

  Online defamation is treated similarly to traditional forms of defamation under UK law. However, there are some unique considerations:

  • The global nature of the internet can complicate jurisdictional issues
  • The ease of sharing information online can lead to wider, faster spread of defamatory content
  • There are specific procedures for requesting removal of defamatory content from websites and search engines
  • The Defamation Act 2013 provides some protections for website operators who follow certain procedures when notified of potentially defamatory user-generated content