Defamation Litigation
UK Law on Defamation Litigation
The Defamation Act 2013 came into effect on 1 January 2014. In recent years, there has been an increase in defamation litigation, particularly relating to sexual allegations. A person is liable for saying anything that damages the reputation of another person or enterprise. So if a statement is untrue and subsequently destroys or causes serious damage to a person’s reputation, then that is slander and it could be punishable by law. We have to consider whether a statement is false or true, an ‘honest opinion’, of ‘public interest’ or a ‘peer-reviewed statement’ (ie scientific journal).
What Is Slander?
Slander is when someone spreads falsehood against someone else and harms the reputation of that person. It is a civil wrong and potentially the basis for a lawsuit. Being a civil wrong, the perpetrator won’t serve time in prison but will be libel for damages. Slander is a ‘tort’ or an infringement of a right and can lead to a legal liability. Could there be accidental torts? It is up to the judge to decide and lawyers to know how to present the case.
Folk Tale About Slander
We love to tell this folk tale on slander or defamation because it is a reminder of how irresponsible it is to repeat a statement that damages the reputation of a person and could even bring a business to ruin. There’s an old Jewish folk tale about slander that illustrates the seriousness of slander. A man repeated a story he heard about another man. Soon the story spread throughout the village but the man realised that the story was slanderous. He felt remorseful and went to the Rabbi to seek advice in order to undo the damage done.
The Rabbi suggested he should go home and bring him his feather pillow. The man was surprised but followed his advice and presented the Rabbi with his feather pillow. The Rabbi asked the man to pull out all the feathers in the pillow case. Still confused, the man complied. The Rabbi then asked the man if he could collect all the feathers that had been scattered and put them back in the pillow case. The man replied, “But that’s impossible! The window is open and the wind scattered the feathers all over the room and blew so many outside.”
“Yes,” said the rabbi. “And that is what happens when you slander against another person. The slander spreads and it’s impossible to rectify the damage done.”
Defamation of Character
A person can be liable for defamation of character if a false statement has been published and the false allegation affects your reputation and well being. For instance, Cliff Richard said that his name was smeared after allegations that were never proved in court. Both South Yorkshire Police and the BBC were libel for compensation because of defamation and breaches of privacy. A false allegation can result n breaches of privacy, so the victim could seek compensation that may include loss of earnings and even mental illness as a result of distress caused by slander.
If you have or are being affected by defamation or are being accused of defamation, please call us for an initial informal discussion. SG
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August 31, 2018 at 9:00 am
Category: Litigation
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