What is Defamation?
Defamation is an untrue statement communicated by one individual or a group, about a person or business. The statement can be severely damaging, causing widespread disruption to the person or business that is subject to the defamation.
When it comes to defamation, there are two different types, namely:-
Libel – Libel is ‘permanent’ defamation done through the means of publication, such as newspapers, TV or online
Slander – Slander is defamation that is verbal words and/or gestures
How do you prove Defamation?
For a defamation claim to be made and be successful, the statement must be proved as defamatory, which means that:
- The statement of defamation must be false
- The statement of defamation must cause harm to the affected party
- The claimant must prove the defamatory statement refers to them or the business – this is usually easy to prove, especially where the statement names them or the business
Even where the individual or business is not named through libel or slander, it is still possible to prove that they have a claim for defamation if a significant number of people recognise the defamation refers to you or your business.