The internet in many ways has been a force for good. It’s the most powerful tool in history for disseminating information widely and at a rapid pace. However, these attributes have their downsides as well. Among them is the fact that defamatory statements or smear campaigns can also spread rapidly — and unfairly. If left unchecked a single defamatory review, social media post or blog can cause lasting harm to your brand, livelihood and personal relationships.
At Nath Solicitors, we are experts in tackling online defamation and restoring clients’ reputations with speed, precision and discretion.
Understanding online defamation
Section 1(1) of the Defamation Act 2013 sets out that a defamatory statement must have caused or is likely to cause serious harm to the reputation of the claimant. In Lachaux v Independent Print Ltd [2019], the Supreme Court ruled that the serious harm test requires claimants to demonstrate actual damage to reputation, rather than relying on the defamatory nature of the statement alone. The claim must include the impact of the harm in the ‘real world’. This serious harm requirement was introduced to ensure that only claims involving substantial reputational damage would proceed.
However, the courts remain open to well-founded claims where:
- The content is widespread and indexed by search engines
- The allegation is specific and damaging (such as accusations of fraud, dishonesty or paedophilia)
- The publisher remains persistent or anonymous
Step by Step: How to respond to online defamation
1. Preserving Evidence
While posts on the internet are generally accessible, the post can be subsequently deleted or restrictions placed on who can view the post. Therefore, it is important to capture evidence before taking legal action by:
- Screenshotting the defamatory content (with timestamps)
- Recording the URL and platform
- Note the user details such as IP address, profile handles and metadata where possible
These steps are crucial because they allow for proper identification of the publishers, the nature of the post and its reach.
2. Legal evaluation
The success of any claim depends on a proper legal evaluation which includes a thorough assessment of the facts, the relevant laws and precedents and potential defences. In the case of defamation, we assess whether the publication meets the defamation threshold. This assessment includes:
- The serious harm or serious financial loss requirement
- Public interest defences
- Identification of the publisher
- Potential remedies (injunctions, takedown notices, damages)
3. Identifying Anonymous Publishers
We understand the difficulty that comes with being defamed by an anonymous publisher.
At Nath Solicitors we are well equipped to deal with this issue as we frequently act to identify anonymous publishers. For instance:
- We apply for Norwich Pharmacal Orders against websites, ISPs and Tech platforms. These orders from UK courts force a disinterested third party who has inadvertently been involved in wrongdoing to disclose information or documents revealing the actual wrongdoer and enabling action to be taken against them.
- We coordinate disclosure order across jurisdictions
- We employ the help of specialised teams to conduct forensic investigations and apply for witness summonses
4. Urgent Takedown and Injunctions
Understanding when and how to act in a defamation case is crucial. Some defamatory posts require more urgency than others and at Nath solicitors understand this need. As a result, we act immediately when needed to:
- Send legal takedown notices to platforms such as Google, Facebook, X or Trustpilot etc.
- Secure interim injunctions from the High Court
- Apply for blocking orders or super-injunctions where necessary
Ultimately, our experience has equipped us with the ability to act under extreme urgency- often out of hours.
5. Getting Damages and Public Redress
Depending on the circumstance, we seek:
- General and aggravated damages
- Public apologies or retractions
- Removal of content from search engine results (‘Right to be forgotten’ applications)
Nath Solicitors: Your Legal Partner in Online Defamation Protection
We have acted in some of the most complex and demanding online defamation cases, acting as a protective partner to a range of businesses and high profile individuals. Our work has covered:
- Corporate sabotage
- Harassment campaigns
- False reviews and impersonation
- International smear campaigns
Our clients trust us because we deliver outcomes that safeguard both personal and business reputations while combining discretion with decisive action.
Contact Us
At Nath Solicitors, we specialise in online defamation law. If you need advice, contact us on 0203 983 8278 or get in touch with the firm online.