Nath Solicitors breaks down two of the main ways you can defend a defamation claim.
What is Defamation?
There is no statutory definition of defamation, but solicitors and others generally understand defamation to involve the act of damaging the reputation of an individual or business through the use of harmful language. Defamation can be the result of libel when a statement is published in permanent form, or it can result from slander when the harm arises from speech or conduct.
If someone wishes to bring a defamation claim, a number of substantive defences may be available to the defendant. These include proving that the defamatory material or conduct is true or that it is the honest opinion of the defendant. We look at these defences below.
Truth
The defence of truth is set out in section 2 of the Defamation Act 2013. It applies where the defendant can demonstrate that the statement in question is “substantially true.” In defamation cases, there is a general presumption that defamatory statements are false, so the burden of proof lies with the defendant to prove otherwise. Once this defence is raised, the claimant may respond by either admitting or denying the facts put forward.
Honest Opinion
The defence of honest opinion is outlined in section 3 of the Defamation Act 2013 and applies when the following conditions are met:
- The statement is clearly one of opinion, not a factual allegation
- The opinion indicates, either specifically or generally, the basis on which it is made
- The opinion is based on a fact, or on a fact contained within a privileged statement, that existed at the time of publication, and
- The opinion is one that an honest person could have held based on the stated facts
The fine line between what constitutes a statement of fact and what is the honest opinion of a defendant in defamation proceedings is highlighted by the ongoing case of Paisley v Linehan
You can read more about defending defamation claims here.
Why choose us
If you intend to initiate a claim in defamation or if you are seeking to defend a defamation claim, Nath Solicitors are here to help. Our team has extensive experience handling a wide range of defamation cases. Whether you are currently facing a claim or simply concerned about the potential legal impact of something you intend to publish, we are happy to help.
To find out how we can support you, please contact us on 0203 983 8278 or get in touch with the firm online.