Defamatory statements made through social media, blogs, and online forums can spread quickly and cause lasting reputational harm. An effective way to prevent further publication is by obtaining an injunction. This article explains when courts can grant injunctions in online defamation cases, the legal limits on injunctive relief and the practical steps involved in obtaining an order.
An injunction is a court order that compels a party to do or stop doing a specific action that can cause future harm. This includes requiring the removal of existing online posts and preventing publication of false allegations.
In what circumstances will the court grant injunctions?
Courts exercise caution when granting injunctions because they interfere with the right to freedom of expression. Section 12 of the Human Rights Act 1998 requires courts to give weight to the right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). The court will intervene when the claimant can show:
- The statement being complained about is seriously harmful to the claimant’s reputation
- The defendant has no realistic prospect of establishing a defence at trial such as truth, honest opinion, or public interest
- Financial compensation is not sufficient to repair harm for reputational damage
- The defendant has ignored takedown requests or threatened to repeat the allegations
What are the limits of injunctive relief?
The court may refuse an injunction where it would be unjust, particularly where damages would adequately compensate the harm caused by a defamatory statement. Balancing the claimant’s harm with potential prejudice to the defendant or third parties is a court requirement, and disproportionate impact means no relief will be granted. Injunctions may further be refused where they are difficult to enforce, where the claimant has acted in bad faith, or where jurisdictional limits make enforcement impractical.
How to obtain an injunction
The claimant must show a valid legal basis and that an injunction is necessary. Before legal action is commenced, a formal letter of claim should be sent. This letter must identify the defamatory statements, request their removal, and seek undertakings to prevent re-publication. Following this, an application to the court should be made with supporting evidence. The court will consider whether there is a serious issue to be tried, whether damages would be an adequate remedy, and where the balance of convenience lies. In urgent cases, applications may be made without notice, subject to full and frank disclosure and a cross-undertaking in damages. However, interim injunctions are granted only in urgent cases to prevent serious and irreparable harm that cannot be remedied by damages.
Contact us
If you need legal assistance with obtaining an injunction, contact Nath Solicitors today. Please call us on 02039838278 or email us at enquiries@nathsolicitors.co.uk.