Defamation

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What Constitutes Defamation?

Defamation involves false statements that harm a business’s reputation. Written statements are called libel, while spoken statements are slander. Each has different legal requirements a claimant must prove. Defamation also includes malicious falsehood, which covers intentionally false statements made to cause damage.

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Defamation Claims

Defamation law is designed to safeguard and compensate individuals and businesses from unjustly suffering damage to their character and reputation due to false and defamatory statements.

A defamation claim can only succeed if the information published, broadcast, or spoken about the characteristics of a person, business, or product is proven to be:

1. Untrue in some respect.

2. Exaggerated.

3. Reported in an intentionally misleading manner.

4. Damaging to the image of that person or business, i.e., a statement that ‘tends to lower him or her

in the estimation of right-thinking members of society generally.’

Initiating a Defamation Claim

If you believe that false or defamatory comments have adversely affected your business reputation, resulting in financial loss or the loss of future revenue, you may consider pursuing compensation. Additionally, you have the option to seek an injunction to prevent further publication of the defamatory comments.

Defending Against a Defamation Claim

Defences to defamation actions extend beyond merely asserting that the publication in question is justified (true) or constitutes honest comment. Qualified privilege and reasonable reportage are technical defences, which may also be subject to challenges on technical grounds.

Why Choose Arlingsworth Solicitors

Our dynamic and experienced team of defamation solicitors possesses expertise in advising claimants on the most effective strategies to protect their reputations. This includes guidance on actions to take before publication (whether to comment or refrain from commenting when invited), how to prevent or influence the publication of an offending document, and the appropriate post-publication measures to consider, if any.