Defamation

Defamation consists of any written, printed or spoken works which tends to lower a person in the estimation of others or to cause a person to be shunned or avoided or exposed to hatred, contempt or ridicule. Traditionally, defamation is of two kinds: libel and slander. Libel consists of written communications and is actionable per se whereas slander consists of spoken communications and requires proof of actual damage.

One test of whether a statement is defamatory is accepted almost universally: Would the words tend to lower the person in the estimation of right-thinking member of society generally? Subject to any available defences, everything printed or written which reflects negatively on the character of another and is published without lawful justification or excuse is defamatory..

However, the law of defamation must strike a fair balance between the protection of a person’s reputation and the protection of free speech. For this reason a statement (either written or verbal) is not actionable, despite the fact that it is defamatory, if it constitutes the truth or is privileged or is fair comment on a matter of public interest, expressed without malice by the publisher.

Our experience tells us that addressing issues of possible defamation as quickly as possible is helpful in resolving them. Often an apology is sufficient and can be obtained with very little expense and effort. However, you should get legal advice as soon as you can – you will want to know whether the statements are defamatory in the first instance and whether it is economical, in your particular circumstances and given the nature of the defamation and its effects on you, to purse a legal remedy.