Defamation and Malicious Falsehood

Has your reputation been unfairly attacked? Has someone else’s words unjustly harmed your character? Whatever the circumstances, our JMW defamation solicitors and libel lawyers are here to help.

If you have been the victim of false or harmful allegations, then we want to hear from you as swift action is necessary. JMW’s libel solicitors can immediately begin minimising any damage done to your name. And, most importantly, we can begin the process of holding those responsible to account.

To speak to a member of the Media and Reputation Management team about making a claim for defamation, contact us today on 0345 872 6666, or complete our online enquiry form to arrange a call back at your convenience.

How Can JMW Help Your Business?

Our defamation solicitors have a wealth of experience in helping both individuals and businesses protect their reputations, where they have been victims of false and harmful allegations. We frequently act for high-profile individuals, businesses and those who may not be in the public eye but find themselves the subject of false and highly damaging allegations. We understand how distressing these situations can be, and our team is highly experienced in guiding you through the options available to restore your good name.

Defamation

If an outlet has published information about you that is untrue, or an individual has shared false statements about you on social media or another online platform, you might be able to bring a defamation claim against the person or organisation responsible. The possible outcomes will vary depending on the nature of the statements made about you, but, in some cases, a judge may award damages if you have suffered reputational harm or financial losses as a result. You may also be able to secure an apology from the publisher of the defamatory comments.

What is Defamation?

Defamation (both libel and slander) is the communication of a false statement that serves to seriously harm a reputation, be that of an individual, a business or group. A statement is defamatory if it tends to make a reader, viewer or listener think less of a person or business by exposing them to hatred, ridicule or contempt, or by disparaging them in their business, trade or profession.

Written defamation can appear in many different contexts, including:

• Email, letter, text or fax
• Newspaper articles or TV broadcasts
• Internet blogs
• Social networking sites, such as Twitter, Facebook and YouTube
• Books

Defamation applies to publications on the internet, such as on Twitter or YouTube. As social media becomes an increasingly common form of communication, and a public platform, many users may inadvertently find themselves on the receiving end of a defamation claim having published false and damaging statements about another.

Allegations of dishonesty, immorality, incompetence or criminal activity are all potentially defamatory. For example:

• A newspaper accuses a footballer of bribing officials to win a match
• A competitor sends an email to customers accusing a business of producing shoddy products
• A Twitter user accuses a celebrity of committing a crime
• A consumer affairs programme accuses a financial services company of misleading customers in the promotion and sale of financial investment products

What Action Can You Take in Respect of Defamatory Statements?

If you have suffered serious harm because of defamation, seeking the right legal help can enable you to take action against those responsible and repair the harm to your reputation. Those steps include action against the original publisher of the defamatory statement, or the website host or internet service providers, through court proceedings.

If publication has already occurred, we can help to prevent the allegations being repeated and correct the damage caused. This can include securing:

• Agreement/injunctions preventing re-publication of allegations
• Removal of the allegations from the internet
• Prominent apologies
• Damages
• Legal costs

We can also explore with you:

• A ‘right to be forgotten’ to a search engine provider
• Working with SEO experts to minimise reputational damage, and coordinating with your PR teams
• Identifying anonymous trolls who may be behind an online campaign attacking your business

Malicious Falsehood

Often an action in malicious falsehood is brought alongside an action in defamation. Malicious falsehood is the publication of a false statement with the intent of causing harm. Malicious falsehood differs from defamation because the statement concerned may not make people think less of you. For example, if somebody states that an actor has retired, a casting director may believe the statement and hire someone else, causing the actor financial loss. If the actor can show that the statement was made maliciously, they may have a claim.