How do you deal with someone who is defaming you?

If someone is defaming you, the first option would be to seek legal advice, if you want to, before acting on your own behalf.

Defamation is not a crime, it is a civil matter, and you may be entitled to compensation and instant retraction of the statement. 

What is Defamation?

Defamation is a broad legal term that covers the damaging of one’s reputation, typically done when an untrue statement is made about a person. The law of defamation is in place to protect a reputation when an untrue statement is made, examples being:

• false accusations in the media
• slanderous comments towards a person or company

How can you tell if you have been defamed?

If your professional or personal reputation has been damaged by the untrue comments made by somebody, you have been defamed. Defamation can be in multiple forms:

• Libel Defamation – This form of defamation is typically a written statement, such as a letter, a note or a text message. Having proof of the statement will be vital if you choose to take legal action.
• Slander Defamation – This form of defamation is typically a verbal statement; however, it does not need to be directed specifically for someone to be a victim of defamation.

Before attempting to claim for defamation, it is important to know what is considered as ‘defamation’. A mere insult would not be considered, only an untrue claim that harmed reputation can be pursued in a court of law. Examples of defamation could include:

• an accusation of a serious crime or
• a rumour relating to an untrue story, leading to the loss of a job, disconnection of close friends and family or other unusual yet significant social abnormalities.  

To harm reputation is to diminish respectability, both publicly, in terms of jobs and standards, and privately, in terms of family and close relationships.

What is the process of a defamation claim in the UK?

The Pre Action Protocol for Media and Communications claims governs how a defamation claim should be brought.

1. The first step is to issue a Letter of Claim. This document should include the defamatory statements, the date of publication, and how the statement is inaccurate. It should also include how the claimant interpretated the statement and how this caused serious harm to the claimant.
2. The defendant may accept or reject the claim, or request more information. They should also provide a reason for their decision.
3. The claimant may consider Alternative Dispute Resolution (ADR). If this is unsuccessful, the Pre Action Protocol advises parties to conduct a ‘stock take’ to explore other options available to them.
4. The last option is to issue a claim in court.

What to do if you chose to seek legal advice:

Seek a solicitor to guide you. To help build your case, you should provide your solicitor with as much evidence as possible, as doing this will raise your chances of a successful claim.

This can include physical evidence of the matter, such as a document, or virtual evidence, such as a video or a screenshot. You should also provide an account of the events, including what happened leading up to the defamation, what was said, what happened after the event, and what is going on now.

These are important factors as it helps to build a case. The more detail, the better! Accuracy in evidence is vital, a lack of this may cause the evidence to be dropped or unconsidered.