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Libel

Libel Solicitors

Libel is a form of defamation, which is the act of making false statements about a person or entity that can harm their reputation. Specifically, libel refers to defamatory statements made in a permanent form, such as written words, images, or broadcast material. This can include articles in newspapers, posts on social media, blogs, or any other type of publication that can be read or seen by others.

Understanding libel is important because it helps individuals and businesses protect their reputations from harmful and false statements. Damage to your reputation can lead to a loss of trust, business, and personal relationships. It can also result in financial losses. By knowing what constitutes libel, you can better recognise when you might be a victim of it, or when you could be at risk of making a defamatory statement yourself.

Libel laws are in place to balance the protection of reputations with the right to freedom of expression. They ensure that people can defend their good names while allowing others to express their opinions and share information responsibly.

If you believe you have been libeled, or if you are accused of libel, it's important to seek legal advice to understand your rights, the strength of your position, and the appropriate actions to take.

At Lawhive, our network of litigation solicitors is on hand to help you with libel cases. Whether you are seeking to pursue a libel claim or need a defense against one, they are here to support you every step of the way.

Contact us today for more information and get a no-obligation quote for the services of a specialist libel lawyer.

What is the difference between libel and slander?

Libel and slander are both forms of defamation, but they differ in the way in which the defamatory statement is communicated.

As we've mentioned, libel refers to defamatory statements made in a permanent form, like in writing. Whereas slander involves defamatory statements that are spoken.

Because libel is in permanent form, it is often considered more harmful, particularly as it can be widely disseminated and remains accessible over time.

Slander can be more challenging to prove because it relies on witness testimony and may not have the same lasting impact as libel.

What constitutes libel?

To establish a case of libel, certain elements must be proven. The key components that constitute libel are:

• A false statement;

• Publication of the false statement;

• Injury to reputation;

• Fault on the part of the person making the false statement.

False statement

For a statement to be considered libelous, it must be false. Truth is an absolute defense against libel, which means that if the statement is true, no matter how damaging it may be to someone's reputation, it can't be deemed libelous.

The burden of proof lies with the claimant to show that the statement made is false.

Publication

The false statement must be published, meaning it must be communicated to someone other than the person it is about.

Publication can happen through various mediums, including books, newspapers, online articles, social media posts, and broadcasts. Even private communications, like emails, can be considered published if they are shared with third parties. The key factor is that the statement was made available to others and not just to the person it concerns.

Injury to reputation

The statement must harm the claimant's standing in the eyes of society, leading to a loss of respect, regard, or confidence, or causing others to avoid them.

The injury to reputation can take various forms, such as loss of business, professional harm, or personal distress.

In libel cases, it is on the claimant to provide evidence showing how the false statement has damaged their reputation.

Fault

Fault refers to the level of responsibility or negligence on the part of the person making the false statement.

In the UK, the standard of fault can vary depending on the context and who is involved. For private individuals, it is generally enough to show that the publisher was negligent in verifying the truth of the statement. However, for public figures or matters of public interest, the claimant may need to prove that the statement was made with actual malice - meaning that the publisher knew the statement was false or acted with reckless disregard for its truth.

Understanding these elements and how they interact with each other is essential for anyone involved in a libel case, whether you are the claimant or defendant.

Examples of libel

Getting to grips with what constitutes libel can be challenging, especially when trying to distinguish between legitimate expression and defamatory statements.

Below are some examples to help clarify what libel looks like in practice.

Newspaper articles

A national newspaper publishes an article falsely accusing a well-known businessperson of engaging in fraudulent activities.

The article is widely read and damages the individual's reputation, leading to a significant loss of business and social standing.

The businessperson sues for libel and wins the case, with the court awarding damages for the harm done.

Online reviews

A customer posts a review on a popular review site, falsely claiming that a restaurant has unsanitary conditions and uses expired ingredients.

The review goes viral, causing a sharp decline in the restaurant's patronage. The restaurant owner can sue for libel, as the false statements have caused financial harm and damaged the restaurant's reputation.

Social media posts

A social media influencer tweets a defamatory statement about a rival, alleging without evidence that the rival has committed a crime.

The tweet is shared extensively, harming the rival's reputation and resulting in lost sponsorship deals.

The rival can take legal action for libel to seek redress for the damage caused by the false statement.

Workplace allegations

An employee writes a blog post accusing their employer of illegal business practices, despite knowing the allegations are false.

The post gains traction online, leading to an investigation that harms the company's reputation and causes financial losses.

The employer can sue the employee for libel, as false statements have caused real harm.

Company website

A competitor company published false and damaging information about another company's product on its website, suggesting that the product is unsafe and has caused injuries.

Although the claims are baseless, they cause a significant drop in sales for the targeted company.

The affected company can file a lawsuit to seek compensation for the reputational and financial damage caused by the false statements.

Libel laws in the UK

The origins of libel law can be found in the early common law principles where defamation was treated as a criminal offence due to the potential for breaches of peace resulting from defamatory statements.

Over time, the focus of libel law shifted from criminal to civil liability, giving individuals the right to seek redress through the courts for harm to their reputation.

The most significant modern statute governing libel in the UK is the Defamation Act 2013. This Act was introduced to simplify and clarify the law on defamation, making it accessible and fairer for both claimants and defendants.

Key provisions of the Defamation Act 2013 include:

Serious harm requirement

For a libel claim to succeed, the claimant must demonstrate that the defamatory statement has caused or is likely to cause serious harm to their reputation. For businesses, this translates to serious financial loss.

Truth

That truth is a complete defence to a defamation claim. Thus, if the defendant can prove that the statement is substantially true, the claim will fail.

Honest opinion

Protects statements of opinion rather than face, provided the opinion is based on facts that existed at the time the statement was made, and an honest person could have held the opinion.

Publication on a matter of public interest

Offers protection for statements on matters of public interest, as long as the defendant reasonably believed that publishing the statement was in the public interest.

Single publication rule

Limits the ability to bring multiple claims against the same publication by introducing a one-year limitation period from the date of the first publication.

Where do UK libel laws apply?

Libel laws in the UK apply to statements published in the UK. Or, if a defamatory statement is published online or through international media, a claimant can potentially bring a libel claim in multiple jurisdictions (including the UK) provided they can prove that the statement caused serious harm in the UK.

The UK has historically been a popular jurisdiction for libel claims due to claimant-friendly laws. This phenomenon, known as libel tourism, involves claimants from other countries suing in the UK to take advantage of its favourable legal environment. However, the Defamation Act 2013 introduced measures to curb this by requiring claimants to demonstrate that England and Wales are the most appropriate places to bring the action.

If a libel judgment is obtained in the UK, enforcing that judgment in another country can be challenging. Conversely, if a judgment is obtained in a foreign jurisdiction, enforcing it in the UK may also face legal hurdles.

Who can sue for libel?

Both individuals and entities, such as companies, can bring a libel claim to the High Court providing they can demonstrate the defamatory statement caused serious harm to their reputation.

What if the libelous statement was made online?

Online libel occurs when false and damaging statements are published on the internet, including social media platforms, blogs, forums, and news websites.

The nature of the internet means that such statements can reach a large audience very quickly, amplifying the harm to the vicitim's reputation.

Key challenges of online libel

One of the primary challenges with online libel is detemining jurisdiction. Given that online content can be accessed globally, it's important to establish were the harm occurred and which legal jurisdiction applies. In the UK, you can bring a libel claim if the defamatory statement was accessed and caused harm within the country, even if the original publisher was based elsewhere.

Another challenge you may encounter with online libel is identifying the person or entity responsible for the libelous statement, especially if they are anonymous or use pseudonyms. That being said, many platforms retain records that can be accessed through legal means to identify the publisher.

What to do if you are a victim of online libel

If you are a victim of libel, take the following steps:

1. Take screenshots of the defamatory statement, including URLs, timestamps, and any relevant comments or shares;

2. Report the content on the platform where it is published;

3. Contact a libel lawyer to understand your options and viability of your case;

4. Issue a formal rquest to the publisher for a retraction and apology;

5. File a libel claim.

How Lawhive can assist

At Lawhive, we offer expert legal guidance to help you with libel cases.

For victims of libel, we can help you understand your rights and represent you in court to seek compensation and restore your reputation.

For those accused of libel, we can provide robust defence strategies, examining the validity of claims against you and minimise any potential impact on your reputation and finances.

Contact us today to learn more about how we can assist with your libel case.

How to file a libel claim?

The first and most important step before filing a libel claim is to consult with a defamation law solicitor. They can help you understand the strength of your case, potential outcomes, and the legal process involved.

Pre-Action Protocol

Before filing a libel claim, you must follow the Pre-Action Protocol for Defamation Claims. This involves sending a formal letter of claim to the person or entity you believe has defamed you. The letter should detail the defamatory statements, explain why they are false and harmful, and request a remedy, such as an apology, retraction, or compensation.

The defendant is typically given 14 days to respond to your letter of claim. They may accept the claim and offer a remedy, or they may deny the allegations. Their response will help determine whether you can resolve the issue out of court if you need to proceed with legal action.

Filing a claim

If the issue is not resolved through the pre-action protocol, you will need to file a claim form with the appropriate court. This outlines the details of your case, including the nature of the defamatory statements, the harm caused, and the remedy you seek.

The court will then issue the proceedings, and you must serve the claim form on the defendant.

Exchange of statements

Both parties will exchange detailed statements of case, including particulars of claim, defence, and any counterclaims.

This stage involves gathering and presenting all relevant evidence to support your position.

Trial

If the case does not settle beforehand, it will proceed ti trial. During the trial, both parties will present their evidence, call witnesses, and make legal arguments. The judge will then decide whether the statements were defamatory and, if so, determine the appropriate remedy.

What evidence do I need to prove libel?

To build a strong libel case, you must gather documentation and evidence including:

• A copy of the defamatory statement;

• Proof of publication (printouts or screenshots);

• Evidence that proves the statement is false;

• Evidence of the harm caused by the defamatory statement;

• Communication with the defendant (such as the pre-action letter of claim and their response);

• Witness statements.

What are the possible defences against libel?

In libel cases, the main defences against libel are:

• Truth;

• Honest opinion;

• Public interest;

• Absolute and qualified priviledge.

At Lawhive, our experienced network of litigation solicitors are well-versed in defamation law and can provide expert guidance on both pusuing and defending against libel claims.

Potential remedies and damages in libel cases

Compensatory damages

Compensatory damages are monetary awards granted to the claimant to compensate for the harm suffered due to the defamatory statement. The primary goal of these damages is to restore the claimant to the position they would have been in if the libelous statement had not been made.

Types of compensatory damages include:

• General damages for non-quantifiable harm, such as damage to reputation, mental distress, and humiliation;

• Special damages cover specific financial losses like lost income and business opportunities.

The court assesses the extent of the harm and the circumstances of the case to determine the amount of compensatory damages.

Injunctive relief

In some cases, the court can make an order requiring the defendant to take or refrain from taking certain actions. In libel cases, this typically involves stopping further publication of the defamatory statement or removing existing defamatory content.

To get an injunciton, the claimant must show that the defamatory statement is likely to cause significant harm that can't be compensated by damages alone. However, injunctive relief is not granted lightly and the court must be convinced that the harm is serious and imminent, and that preventing further publication is necessary to protect the claimant's reputation.

Retraction and apology

A retraction is a public statement made by the defendant acknowledging that the defamatory statement was false and shouldn't have been published. An apology is an expression of regret for making the defamatory statement and the harm it caused.

Retractions and apologies serve to restore the claiman's reputation and provide a sense of vindication. They can be made voluntarily by the defendant or ordered by the court as part of the remedy. Often they are used in conjunction with other rememdies to provide a comprehensive resolution to the libel case.

They are typically published in the same medium and with similar prominence as the original defamatory statement.

How long do you have to file a libel claim?

You have one year from the date the defamatory statement was first published to file a libel claim.

This period is strict, meaning that once it expired, you generally lose the right to bring your claim to court unless.

While there are certain circumstances where exceptions or extensions may apply, it depends on the specific facts of your case and the discretion of the court. Therefore, it's important to act quickly if you believe you have been defamed.

Legal support for libel cases

At Lawhive, we offer initial consultations with expert litigation lawyers as the first step of support in libel cases. This gives you an opportunity to discuss the specifics of your case.

During this case assessment, your lawyer will:

• Listen to your account of events and gather relevant information;

• Provide an initial assessment of the strength of your case;

• Offer advice on the best immediate steps to take.

Your lawyer will also review all available evidence, including documents and communications. This will enable them to develop a tailored strategy to achive the best outcome for your situation.

Expert guidance and representation

When it comes to filing a libel claim, precision and attention to detail are vital. Your solicitor will:

• Draft the necessary legal documents;

• Clearly outline the defamatory statements, the harm caused, and the remedies sought;

• File the claim with the appropriate court.

Litigation can be a lengthy and stressful process. To potentially resolve disputes more efficiently your solicitor can support with negotiations to explore settlement options should you wish.

Alternatives like civil mediaation can save time, reduce costs, and provide a faster resolution compared to court proceedings.

That being said, if your case to proceed to court, your solicitor can be on hand to:

• Prepare and present a compelling case;

• Challenge the opposing party's claims;

• Advocate on your behalf.

Why choose Lawhive?

At Lawhive, we believe that high quality legal services should be accessble and affordable. As such, we offer:

• Transparent pricing with no hidden fees;

• Competitive rates;

• Experienced and specialised solicitors;

• A client-focused approach that prioritises you rneeds and goals.

To enhance your experience and provide convenience, our online platform also allows you to communicate with your solicitor from the comfort of your home, including uploading and managing documents securely and efficiently.

So, whether you are a victim of libel seeking justice or defending against libel claim, our network of solicitors is here to help.

Contact us today to schedule your free case evaluation and get a no-obligation quote for the services of a specialist lawyer.