Defining Defamation
A defamatory statement is one which has caused or could cause ‘serious harm’ to an individual or a company’s reputation. Typically, the test for this is whether the statement lowers the claimant in the eyes of right-thinking members of society generally. Whilst this is slightly vague, this article will break down libel and slander as types of defamation and what a claimant needs to consider.
There are two main categories in which examples of defamation could be separated into. These are ‘libel’ and ‘slander’.
Libel
Examples of libel require the defamatory statement to be recorded in a permanent form. Not surprisingly, it is commonly found in written form, such as a statement in a newspaper or a book. However, it can include spoken statements which are recorded on television, such as in a film, or statements which are recorded over radio. The common denominator which characterises a statement as libel is the permanent nature of the statement. The fact that it could be revisited by a third party, should they wish to.
Slander
Conversely, a defamatory statement which constitutes slander is evanescent in comparison to libel, which often results in fewer successful claims, as it is more difficult to prove. The impermanence of slander often means the statement is spoken in an environment where it is acknowledged and remembered by a third party but not recorded.
Serious Harm
For a claimant to be successful, they must prove that a statement has or will cause serious harm to their reputation. Therefore, in addition to establishing a defamatory statement which has been published to a third party, they must be able to establish that it refers to them, although it does not need to specifically name them.
Defences
Notwithstanding that, there are a series of defences which could be relied upon, as per the Defamation Act 2013. They commonly include, but are not exclusive to the following:
- Truth – Under Section 2(1) of the Act, a defendant can rely on the substantial truth of a statement they have made as an absolute defence. The burden of proof will lie with the defendant to demonstrates truthfulness.
- Honest Opinion – In invoking honest opinion as a defence, the defendant must show that the statement has outlined the basis of the opinion which has been stated. This defence is covered in Section 3 of the Act and the opinion stated must appear reasonable to an honest person based on facts which were available to the defendant at the time.
- Public interest – This is a defence, covered in Section 4 of the Act, which protects statements which the defendant reasonably believed to be in the public interest.
Limitation
Anyone who is considering a defamation claim should be aware of the limitation period which applies specifically to defamation claims. Any claim must be brought within one year from the date of the initial publication.
Hanne & Co Can Help
If you are considering bringing a defamation claim or looking to defend one please contact us on 020 7228 0017 to speak with our specialist Dispute Resolution team.
Contact our team today to discuss any of the above in more detail by submitting the form below.
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