Here are some questions and answers on Defamation law.
1. Can I sue my former employer(company)for defamation of character or is it only individuals that can be sued?
Yes, you can sue your former employer for defamation of character. You can sue any individual, company or legal body involved in the defamation of your character through what has been published or spoken.
2. Are all words defamatory?
A statement may be considered defamatory if it intends to do the following: a. disparage a claimant in their business, trade, profession or office; b. lower the claimant in the estimation of right-thinking members of the society; c. causes the claimant to be avoided or shunned; d. expose the claimant to hatred, ridicule and contempt. Any allegation that suggest a person is corrupt, immoral, incompetent, producer of shoddy goods, dishonest, guilty of a criminal act or insolvent may be considered to be defamatory.
3. What must I do to prove that someone has made defamatory remarks about me?
When a company or an individual brings a libel or slander action, they must show the following: a. that the words are defamatory of them b. that the words would be deemed to refer to them by one other person; c. that the words have been published to a third party. In bringing a libel case, you don’t have to prove that the words are false or prove that he has in fact suffered a loss. Damages is automatically assumed. Whereas, in a slander case, the claimant will need to prove that the defamatory allegations caused actual financial damage, unless this is within certain categories.
4. What are the difference between libel and Slander?
Libel concerns written words and materials published or a broadcast on television or radio. Slander on the other hand concerns the spoken word(speech).
5. Can I still bring a claim of libel after 6 months of the date of publication?
Yes, you can still bring a claim. Libel claims should usually be brought within one year of the date of publication or the material containing the defamatory allegations complained of. The court might decide to extend this in exceptional cases.
6. Can I defend a defamatory claim against me?
Yes, there are three main defences available to a defendant in a libel action, these are: Justification, Fair comment and privilege. Justification: This is also referred to as true statement or truth, it is a complete defence to a libel action. The onus is on the defendant to prove that the allegations are indeed true. Fair comment: Fair or honest comment defence applies only to expressions of opinion, rather than to statements of fact. Privilege: The UK law recognises that there are circumstances in which it is in the public interest to permit greater freedom of speech. There are qualified and absolute privileges.
7. Are they difference between Malicious Falsehood and Libel/Slander?
In malicious falsehood, the claimant must prove that the words are: a. False b. the publication was malicious c. special damage flowed from the publication. The words do not have to be defamatory unlike in libel and slander claims.
8. My ex partner made some defamatory remarks about me on the internet, can i claim damages?
Yes, however in some circumstances, internet service providers may not be liable for hosting defamatory material. You can claim damages against your ex partner.
