Defamation Law - An Overview

The most basic definition of defamation is a statement which makes an untrue accusation against someone or something or an untrue statement which would damage the victim's reputation. Defamation is about how an untrue statement can make the victim of the statement appear in the public eye. Defamation will need to affect societies view as a whole rather than just a section of society in order for it to be upheld. Defamation must affect a person's reputation or business for it to be taken seriously.

Defamation can be divided into two main areas, libel and slander. Libel defamation would be if it was recorded on a material form, such as a book or blog. If it was made in speech and not formally recorded in any way, then it would be defined as slander. When it comes to trying cases of libel and slander, the most important objective for the claimant is to be able to prove that libel or slander took place. In terms of libel, a claimant can easily prove that they have been a subject of defamation by providing the court with the material form in which the statement was made. In cases of libel, a claimant does not have to prove to the court that the defamation was damaging. With slander however, it can be much harder to prove as there is no physical evidence that it took place. In most cases of slander, the claimant must prove that the defamation caused them damages. There are some exceptions to this, including if a statement was made which accused the claimant of committing a crime or having an infectious disease.

In defamation cases, it is up to the judge who must work out what the words that have been spoken or recorded mean in their normal sense, for example, what they would mean to a person that had no former knowledge about the person the statement was being made about would think. They then must go on to decide whether the words that were spoken or recorded have any defamatory meaning.

If the judge decides that there is a defamatory meaning behind the words which were spoken or recorded then the person who made the claims will be tried accordingly. Defamation will not be ruled if the statements that have been made are true, if the defendant can prove that the statement they made was fair or that the statement was made in the act of privilege. In the UK freedom of speech counteracts defamation and thus makes is a problematic area of law to try. However, with freedom of speech you can only speak within reason. If it is deemed that you have spoken unreasonably, you may be charged with defamation.

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