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Defamation Frequently Asked Questions

What do I need to show in order to start my defamation claim?

You would need to prove that that person you are bringing the claim against has published material that has a defamatory meaning, makes reference to you and is published to a third party.

What is the difference between a libel and slander claim?

Libel refers to the written word but also includes material which is broadcast on television and radio. Slander concerns the spoken word.

Is there a time limit for bringing a defamation claim?

Yes. The time limit for defending a claim is one year from the date of the publication of the material which contained the defamatory allegation.

What is defamatory?

Below are some examples of defamation. Defamation is an allegation or suggestion...

• ...which is likely to lower a person in the estimation of right thinking people.
• ...which injures a person's reputation by exposing him to hatred, contempt or ridicule.
• ...which tends to make a person be shunned or avoided.

What defences for defamation are available?

Justification - The defendant would have to show the allegation of claimant is substantially true.

Fair Comment - Comments must be based on fact, made in good faith and published without malice.

Privilege - In certain circumstances the law regards freedom of speech to be more important than protecting a person's reputation. Those circumstances are reporting of proceedings before courts and tribunals, providing they are accurate and contemporaneous. Other circumstances are statements made in parliament and complaints made about criminal conduct to the police.

Qualified Privilege - This is a defence to an action in defamation providing that the defamatory imputation was not made maliciously. Matters which have been found to attract qualified privilege include:-

• The giving of employment references
• Complaints to the police about suspected crimes
• The reporting of matters that themselves attract privilege
• The reporting of conclusions of adjudication processes

Malice - Such a defence will be lost if the claimant can show that the defendant was motivated by "malice". To establish malice it is usually necessary to show that the defendant knew the publication was false or was indifferent to its truth.

What is an offer of amends?

This is an offer to publish a suitable correction and a sufficient apology and to pay you compensation and your legal costs.

What happens if you do not accept an offer of amends?

The fact that an offer was made is a defence to defamation proceedings regarding the publication by the party against the person making the offer.

Either party is entitled to have a case heard by a Jury. However a summary procedure under the Defamation Act 1996 were the Court could dispose of the claim at an early stage if it appears that there is no realistic prospect of success and there is no reason why the case should be tried.

What happens if I am successful with my claim?

Compensation usually consists of an apology (in agreed terms) with an undertaking not to repeat the defamatory allegations. The Court is not able to force the defendant to apologise but it may well force a publication of the account of the Judgment. Damages vary depending on how serious the allegation was, where the allegations were published and whether the defendant's conduct aggravated the harm caused. Legal costs will usually be paid by the defendant.

What are the first steps before proceeding with a defamation claim?

Prior to the issue of proceedings the parties are expected to follow the following procedure to try to settle the clam without the necessity for issuing court proceedings

The protocol for defamation claims sets standards which the parties to a claim are expected to follow before Court proceedings are issued. The protocol encourages the exchange of information and to consider alternative dispute resolution.

When does the protocol for defamation claims apply?

The protocol applies to all defamation claims, i.e. claims for libel and slander claims.

If you require advice on defamation, whether it be libel or slander call our expert team on 08000 111 303 or fill in the Call Back Request Form to the right of this screen.

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