Defamation definition

Defamation is the act of communicating information about a third party in which the information is both inaccurate and has the potential of damaging the reputation of that third party. The law labels defamation as either slander (temporary communication ie oral) or libel (permanent communication ie written communication or a media broadcast).

The most commonly used part of defamation law is civil defamation, where the injured party (the party whose reputation was hurt as a result of the publication) brings a claim in tort against the party responsible for the publication. There is also a criminal defamation procedure but this is almost never used in the UK.

The accusation of defamation may be defended by claiming that the information communicated was true. However, it is not enough for the information to be based on true events; the information should also be reported in an accurate manner. An exaggeration with regards to a true event may be considered defamatory.

If your reputation has been hurt by false allegations made about you, you are likely to have a case for defamation. Unfortunately the defamation procedure is one of the oldest and most expensive in tort law. A defamation action must be brought in the High Court and is usually heard by a jury (an unusual feature for a tortious action). You would be asked to show that you can afford these expenses in case your claim is unsuccessful. This aspect of the law has been heavily criticised for violating EU law relating to access to justice and your case could be used to change the current system.

If you would like to obtain legal advice on defamation, Contact Law can put you in touch with a local Litigation Solicitor free of charge. So, if you have any questions or would like our help in finding local Litigation Solicitors please call us on 0800 1777 162 or complete the web-form above.