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Has someone written an untrue statement about you? If so, you may be able to claim libel. In this article, our solicitors explain everything you need to know.
For more information, please visit our defamation page or contact our solicitors on 0203 007 5500 or submit a contact form.
Libel meaning.
Libel is a permanent form of defamation, which comes in the form of a written statement that falsely accuses someone of something. For a statement to be considered libel, it must identify the person.
Is it only libel if their name is mentioned?
Identifying someone in a statement doesn’t necessarily mean using their name. For example, the statement could say that the “Chief Executive of a children’s charity is avoiding their taxes”.
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What is the difference between libel and slander?
There are two types of defamation, which are libel and slander.
Libel
Libel is a permanent form of defamation. An example of libel is an untrue tweet about someone being against LGBT rights.
Slander
Unlike libel, slander is a temporary form of defamation. An example of slander is spreading a rumour around the workplace.
Examples of libel.
Example 1
A company owner is writing an article on their website regarding a rival company making death threats against them.
Example 2
Someone having a bad experience with their dentist and writing a social media post about how the dentist has false qualifications. As a result, many people have decided they do not want to use that dentist.
Example 3
A professional boxer releasing a false statement through a newspaper about a fellow boxer using performance-enhancing drugs. As a result, the accused boxer had to drop out of upcoming fights while they were under investigation. Furthermore, the boxer has lost some of their fan base as well as several sponsorship deals.
Libel case example
In 1997, years of court battles began in what is known as the McLibel case. Helen Steel and David Morris handed out a few dozen leaflets outside a McDonald’s restaurant. The leaflets claimed that McDonald’s was the cause of starvation in developing countries, used poison to destroy the rainforest, and pretended a nutritional value, among other things.
McDonald’s made a case for libel and the court ordered Steel and Morris to pay damages for making false claims damaging to reputation. To this day, the claim is not paid.
Is libel illegal?
In the UK, libel is not illegal. However, libel is a civil wrong (tort). Therefore, someone who has made a libel statement can be held liable for their actions. The victim can take legal action against them and gain compensation for any losses.
The police won’t handle a case of libel, because it isn’t illegal. You can deal with the matter privately through solicitors.
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What can I do if I’m a victim of libel?
If someone has written an untrue statement about you, you must act fast as you only have one year to bring a libel claim.
However, before you make a claim, you must ensure your case meets the following criteria:
- The untrue statement is made through a third party. For example, an article in a newspaper or a post on social media.
- The libel must be presented as a fact. For example, the written statement must say “someone is taking performance-enhancing drugs” rather than saying, “I think someone is taking performance-enhancing drugs”.
- The statement has caused actual damage to the victim. For example, it’s caused people to stop using the victim’s business.
If the above applies, please get in touch with our solicitors on 0203 007 5500 to make a claim.
Can I claim remedies for libel?
In most successful libel claims, the following remedies may be available for the victim:
- Order to remove the statement. One of the primary remedies for a successful claim is to remove the statement. For example, if somebody wrote a defamatory post on social media, they will be ordered to remove it.
- Posting a summary of the court’s judgement. The court has the power to order the person responsible for a defamatory statement to publish the final judgement. Therefore, this remedy dismisses the previous defamatory statement.
- Injunctions. The court may introduce a form of injunction prohibiting the defendant from making any additional defamatory statements.
- Offer of amends. Where a defendant is not willing to defend their statement, they may make an offer of amends. An offer of amends must be in writing and be a published statement correcting the libel and providing a sufficient apology. In some cases, the defendant may also pay the victim compensation.
- Damages. Damages come in the form of compensatory and exemplary. Compensatory damages are where the defendant pays money to the victim to compensate for damages they have faced, such as loss of work. Exemplary damages are where the defendant faces a punishment to stop them and prevent others from conducting similar behaviour.
To ensure you get the justice you deserve in your libel case, please contact one of our solicitors on 0203 007 5500.
What are the defences for libel?
If you’re facing a libel accusation, there are several defences you can make. These defences include:
- The statement is true. If the statement turns out to be true, this is the best defence for a libel claim.
- Proving the statement was an opinion. Another strong defence is if the defendant can prove they made the statement as opinion rather than fact. For example, if someone wrote an article saying “I feel this is true” rather than “This is true”.
- The statement not causing the victim harm. If the defendant can prove that the statement didn’t cause the victim any harm, they can use this as a defence.
- Proving the victim agreed to the statement. For example, two celebrities agree to make false statements about one another to create a fake rivalry and spark some interest from the public. In this case, if both celebrities agree to a statement and it causes one to lose a sponsorship deal, the other has a strong defence against a libel accusation.
Why contact Britton and Time Solicitors?
Whether you’re the victim or defendant, you need a solicitor to ensure you don’t make avoidable but costly mistakes. Our initial consultations with our litigation solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 0203 007 5500.
Your assertion that a falsa statement on a radio show is slander is incorrect. Although anything spoken is normally categorised as slander, an exception is made for radio and television where it constitutes libel. This may be because radio and TV can be and usually are recorded.
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