Defamation is an umbrella term used to describe libel and slander. A person is defamed if someone makes a statement about them that would cause someone else who heard or read the statement to think worse of the person the statement is about.
Libel is defamation in a permanent form, such as a newspaper article. This includes, as a result of the Broadcasting Act 1990, statements broadcast on television and the radio, even though these involve spoken words. Slander is defamation in a transitory form, such as a speech. The most significant difference between libel and slander is that someone who wants to bring proceedings for libel does not need to show that they have suffered any loss or damage. By contrast, someone who wants to bring proceedings for slander would need to show that they have suffered actual loss, e.g. they have lost business as a result of the defamatory statement.
To bring a defamation claim, the following conditions must be satisfied:
1. The statement which is said to be defamatory must have been made to someone other than the claimant. For example, it wouldn’t be defamatory to call someone a thief if no-one else other than the person who had been accused heard the allegation.
2. The statement must be in a form of words which would tend to:
- lower the claimant in the estimation of ‘right thinking members of society generally’;
- expose the claimant to hatred, contempt or ridicule; or
- cause the claimant to be shunned or avoided.
3. The statement must identify the claimant. He/she need not be specifically named; provided that someone would recognise that the statement was about them (e.g. “the Chief Executive of X Company”), the subject could bring a defamation claim.
Contacting the lawyers at the media organisation that is threatening to publish defamatory allegations and pointing out their errors will usually buy you time if not result in the story being amended or even pulled.
If, however, defamatory statements are published about you, your company or your brand, you need to act immediately. If you don't, the story will not just disappear - and you will probably find it repeated in the future. Journalists often pad out articles with stories from their clippings file or database. And if the file does not carry a correction or is not marked to indicate a legal objection, the story could be repeated every time you, your company, brand or product is in the news.
Advising a journalist in advance of publication that they have their facts wrong and convincing them that you are aware of your legal rights will make them think twice about publishing.
Libel snapshot
What?
False unflattering or pejorative statements that adversely affect your reputation
When?
Communicated to anyone
How?
Orally (Slander) or in writing/broadcast (Libel)
Who?
It can happen to anyone; private individuals or companies
Why do you need to know?
It's more powerful to say to a journalist "that's defamatory" than "that's wrong" and to let them know you are aware of your rights.
Schillings are the leading lawyers in reputation management and brand protection; specialising in defamation and privacy for private clients and corporate organisations. Schillings have a very active dispute resolution department and we also provide family and matrimonial advice to our private client base of high-net worth individuals and celebrities. In addition, our sports department manages work in reputational, regulatory and sports sponsorship matters for some of the highest profile sports stars, brands and clubs.
If you have any queries please contact Schillings on 020 7034 9000 or email us at legal@schillings.co.uk