Five tips on how to deal with defamation
Defamation is the act of spreading or publishing a false statement about someone that could cause serious harm to their reputation – and it can have extremely serious consequences for individuals who are defamed.
What’s the difference between ‘libel’ and ‘slander’?
‘Libel’ is a defamatory statement made in writing, whereas ‘slander’ is a defamatory statement made with spoken words.
If you are potentially defamed, it is crucial to take appropriate action to safeguard your legal rights and reputation. Our five tips provide a concise guide on the proper steps to take when dealing with defamation. A statement can potentially harm your reputation if, for example, it suggests to a reasonable person that you have done something illegal and/or immoral.
1 – Gather evidence
If you end up starting a legal claim for defamation, then it is your responsibility to prove your case. You should therefore collect evidence that supports your defamation claim. This evidence can include print-outs of websites, emails, text messages, screenshots of social media posts, or any other form of communication that contains false information about you.
Ensure you save any physical or digital evidence supporting your case.
2 – Obtain legal advice
To navigate the legal complexities that are inherently involved in any defamation claim, you should consult with an experienced defamation solicitor. The solicitor will explain your legal rights, evaluate the strengths of your case, and advise you on the best course of action for you to take.
Please note that you potentially only have a year from the publication of the defamatory statement to begin legal proceedings, otherwise you will be out of time to start a claim, so you should consult a solicitor as soon as possible.
3 – Letter before claim
In many cases, a letter before claim written by your solicitor will be an effective first step. It is essentially a warning shot fired before you start legal proceedings, informing the defamer that you consider their actions defamatory and requesting that they immediately stop making false statements about you. The letter before claim also serves as a warning that you may start legal action against your defamer if the defamation continues.
4 – Retraction or correction
If the defamation occurs through traditional media outlets, such as newspapers or television, you may request a retraction or correction of the false statements. Many reputable organisations have policies in place to address false reporting, and they may be willing to publish a retraction or correction to rectify the situation if presented with compelling evidence.
5 – Pursue legal action
If the defamer refuses to retract or correct the false statements or if the damage caused to you by the defamation is significant, you may consider beginning a defamation claim, in which case your solicitor will guide you through the legal process and prepare your case.