In this article
Someone making an untrue statement about you can harm your reputation, especially if the statement is published publicly. This is known as defamation, and unfortunately, it’s a common occurrence.
If you’re a defamation victim, it’s easy to take matters into your own hands. However, dealing with a defamation matter without a solicitor can result in costly mistakes and justice not being served. Therefore, if you’re facing a defamation matter, instructing a solicitor will ensure you get the compensation you deserve.
For more information about defamation, please get in touch with one of our solicitors on 020 3007 5500.
What is defamation?
Defamation is when a false statement about an individual is published, which has caused harm to the person’s reputation. Additionally, defamation can come in the form of either libel or slander. Libel is when a defamer publishes a statement permanently, for example, a newspaper article. In contrast, slander is a temporary form of defamation, for example, a verbal comment in a publicised interview.
Also, if you’re a victim of defamation and want to make a claim, you must be able to prove the following:
- The defendant was responsible for the publication.
- The victim was the intended target of the publication.
- That the defamer published slander or libel through a third-party.
- The defamer knew the statement was false at the time they made it.
In instances where the defamer didn’t know whether the statement was true or false, it’s possible still to claim defamation on the grounds of ‘reckless disregard.’
What are some examples?
There are multiple examples of defamation, some of which are:
- An article is published about a celebrity falsely claiming that they’re coming out as gay.
- A celebrity posting on social media about a specific public official falsely taking a bribe.
- A tv presenter making a false comment about a celebrity being pro-abortion live on air.
Talk to us now. Save costs further down the line.
Save yourself potentially thousands of pounds by seeking advice now. Speak to us today for more information.
Lines open 24/7
020 3007 5500
Is defamation a crime?
In the Uk, defamation isn’t classed as a crime but as ‘tort’. Tort is a wrongful act or an infringement of a right. As a result, the person who conducted the tortious act takes legal liability for their actions. Therefore, the victim can sue the defamer for damages.
How can I deal with defamation?
If you can prove defamation of character, there are several remedies available, which include:
- Damages. Damages come in the form of compensatory and exemplary. Compensatory damages are when a victim’s awarded money as compensation for the loss caused by the defamer. In comparison, exemplary damages are in place to punish the defamer for their actions. Additionally, the court can use exemplary damages to ensure that the defamer and others defer from engaging in similar conduct in the future.
- Injunctions. Injunctions come in the form of interim and final. The interim injunction prohibits a defamer from any publication pending the trial to prevent injustice. In comparison, a final injunction prohibits the future publication of the statement or any similar defamatory matter.
- Publication of a summary of the court’s judgement. The court can order the defamer to publish an overview of the judgement. For example, the court may request the defamer to publish the case’s final verdict.
- Order to remove the statement. A more simple remedy is to remove the false information. For example, if the false statement is an article on a website, the court can order the website operator to remove the article.
How much can I claim for defamation of character?
The amount of compensation that you can claim depends on the type, severity and frequency of the defamation you faced. For example, suppose you’re an athlete. In that case, a severe defamation case may have resulted in you losing valuable brand deals and your fans.
How can Britton and Time Solicitors help?
If you’re a defamation victim, it’s essential first to discuss your matter with a solicitor. A solicitor will help you understand your standpoint from a legal perspective, inform you of your available options and identify how much you can claim.
For more information on defamation, please visit our litigation page, or contact our solicitors directly 020 3007 5500 or [email protected]
0 Comments