Defamation of Character: An Overview

Defamation of character is a legal concept that addresses harm caused by false statements about an individual or organisation. While the principles behind defamation may seem straightforward, the law itself strikes a delicate balance between two fundamental rights: the right to protect one’s reputation and the right to freedom of expression.

What is defamation of character?

Defamation refers to the act of making a false statement that damages another person’s reputation. These statements can be made in various forms, and the law separates them into two categories:

Libel: Defamatory statements that are written, broadcast, or otherwise recorded in a permanent format. For example, a defamatory post on social media or a false claim in a newspaper article would fall under libel.

Slander: Temporary forms of communication, such as spoken words or gestures, are considered slander. An example might be a false statement made during a speech or casual conversation.

Defamation law aims to provide a remedy for individuals or organisations whose reputations have been unjustly harmed while still protecting the fundamental right to free speech.

Since the Human Rights Act 1998 came into force, the law on defamation has had to accommodate the provisions of the European Convention on Human Rights (ECHR). An individual’s right to reputation is a part of Article 8, the right to respect for private and family life. In some cases, it will be important to balance that right against the right to freedom of expression set out in Article 10.

Our next article will focus on the key elements that must be established to succeed in a defamation claim.

More on the media law team

Here at Chadwick Lawrence LLP, our specialist media law and reputation management team have experience in acting on behalf of both Claimants and Defendants, and dealing with not only defamation matters, but also those involving harassment, privacy and malicious falsehood.

We offer a retainer package, Media Law Protect, to business clients who may find comfort in an extra layer of protection in relation to their online reputation. This package provides not only unlimited telephone support, but also unlimited cease-and-desist letters for a year, in attempts to quickly protect the business from any defamatory threats which may be of concern. Please do not hesitate to contact the team should this be of interest to your company. Our contact details are as below:

Lydia Jeffels – LydiaJeffels@chadlaw.co.uk

Joshua Smith – JoshuaSmith@chadlaw.co.uk

Asma Iqbal – AsmaIqbal@chadlaw.co.uk

Kathryn Hunt – KathrynHunt@chadlaw.co.uk