Character defamation
Character defamation is defined in law as the publication of information regarding the qualities of a person, or in some cases a company or product, where the information damages the reputation of said person, company or product. The information is regarded as ‘published’ when it is transmitted to a third party. In order for a character-defamation law suit to be successful, the information must be either completely false, partly false or exaggerated.
The law of defamation is found under the law of tort. Although tort law has been reshaped dramatically in the 20th century, defamation of character law suits predate these changes and are rooted in archaic law. This results in the legal process related to character defamation being unique. For example, although it is a civil law procedure, the court hears most defamation cases in front of a jury, rather than by a judge alone. The person bringing the claim must show that if the claim is unsuccessful, they have the means to pay the court expenses. Since the action is brought in the High Court and requires a jury, these costs are considerable. As a result of this, character defamation cases are usually brought only by wealthy individuals, or those who stand to lose a lot because of it.
If you are looking to pursue a case for character defamation and you are concerned about the costs associated with the claim, it is best to see a specialist for a primary analysis of your case. The current legal process has been accused of preventing access to justice, and therefore in violation of EU law. There have long been discussions regarding reform in this area and changes are likely to take effect in the near future. Your case may benefit from these changes.
If you would like to obtain legal advice on character defamation, Contact Law can put you in touch with a local specialist Litigation Solicitor free of charge. So, if you have any questions or would like our help in finding local specialist Litigation Solicitors please call us on 0800 1777 162 or complete the web-form above.
- Last Updated on 02/03/2010
