Defamation is a general label, the defamatory communication being classed as either libel (if the remarks communicated are written down or published) or slander (if the remarks are spoken).
Suing for defamation usually involves civil litigation under the law of torts. The party who claims their reputation was damaged as a result of remarks spoken or published brings a claim against the party responsible for the publication.
Defamation claims are notoriously complex and costly. This is particularly so if you are claiming slander, as it is difficult to prove that the statements were made, and, additionally, you also need to be able to prove that you have suffered some damage or loss as a result of the slanderous statement.
There are a number of defences against a claim of defamation, including justification or truth. It is therefore important to remember, if suing for defamation, that one of the major focuses of litigation is to determine not merely whether defamatory remarks were made, but whether the defamatory remarks were made for justifiable reasons, or whether they indeed were true. Complexities arise over the extent to which the statement is based in fact or merely opinion, and the accuracy of its reporting, etc.
Defamation law in the UK exists to protect individuals from an unjustified attack on their reputation. While this law allows individuals to seek compensation and a means to safeguard their reputation, it must also strike a balance between its protective function and the laws on freedom of speech, expression and freedom of the press. In this way, defamation laws are the subject of national and international debate because of the way in which human rights arguments are tied into litigation.
If you are considering suing for defamation, or are facing a claim against you, it is essential that you receive advice from a specialist defamation lawyer. This is partly in light of the extensive costs that can be awarded against you should you fail to win the case. Due to the high costs involved, it is also important to consider from the outset whether the person you wish to sue is solvent, that is, whether they will have money to pay for any award of damages made to you.
About the Author:
Ben Letham works for Contact Law, the UK’s foremost legal brokerage company – finding the right lawyer for your needs.
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