What is defamation?
Defamation is a statement that is made, either orally or in writing, to a third party that is damaging, or likely to damage, the reputation of the person to who the statement was in reference to.
For the statement to be classed as defamatory, it must have been false and have caused or intended to cause others to think the worse of the person to who it referred.
Defamation can be classed as either slander or libel, this will depend on how the statement was conveyed or published.
Defamation of Character
A claim for defamation will require the victim to prove:
- The statement was communicated by a third party to at least one other person;
- That the statement was false;
- That the statement identifies or refers to the victim;
- The statement was intended to cause harm to the victim’s reputation.
Given what will be at stake and what is involved in establishing or proving defamation, it can be quite complex, and the threshold is high.
How to prove defamation?
To pursue a claim for defamation, the claimant must prove three elements:
- Identification – Anyone who pursues a defamation claim must prove that they are the subject of the defamatory statement. They must also prove that the ‘audience’ of the statement believe that the statement is about them.
- Serious Harm – For a statement to be classed as defamatory, it must have been seen to have caused, or is likely to cause, serious harm to an individual’s reputation.
- Publication – A defamatory statement must be expressed to another person.
Is there a time limit on bringing a defamation claim?
A claim for defamation has to be brought within a year from the date that the defamatory statement was made. Victims of defamatory statements must act quickly if they wish to pursue a claim.
Remedies for a claim of defamation
- Compensation
- Injunction
- Apology
If you believe that you have a claim in defamation then please get in touch and we can provide initial guidance and an indication of our fees, please email .
