When taking legal action against defamation, there are four most common outcomes that victims may be able to choose from. Their availability may be conditional upon the specific steps and actions taken, and the response received.
- Apology: where it is demanded that the perpetrator issues a private or public apology admitting fault of issuing defamatory content or statements.
- Correction: where the statement or content is fixed to remove or rectify any defamatory content.
- Takedown: where the content is removed from the platforms that it was published on.
- Lawsuit: where the action is escalated through legal channels; professional legal advice is sought.
Different types of defamatory content or statements can negatively affect victims in different ways so it is important to identify the primary objectives and any need to address further harm. It should also be observed that not all four outcomes may be feasible in all cases of defamation. Circumstances such as the type of platform where the defamatory content was published, the relation of the perpetrator to the victim or the immediate risks or harm imposed on the victim if the statements remain public are all relevant to the remedies available.
Starting points for consideration
When there is immediate danger or risk of harm to a person arising from defamatory content, the priority is to act quickly to contain the information to prevent any further spread of the false information. Firstly, this should be immediately reported to the platform it was posted on, stating the harmful nature of the content, including evidence and background information where necessary. If it involves blackmail, malicious disclosure of personal information, or anything else deemed a risk to personal safety, legal action should be considered straightaway.
When the false and misleading claims affect someone’s personal reputation, it is sensible to ask for a correction on the platform regarding the defamatory content. By contacting them quoting the false information, correcting the record with supporting evidence and requesting the type of change you require (e.g., edited line, note at top, removal of the content), there is usually a high chance of success because of the publishers’ interest to protect their credibility. This is usually the most effective way of safeguarding your reputation.
For defamatory content published on smaller community posts or personal accounts, it is appropriate to ask for an official apology if the main objective is accountability and to curb any further defamatory action taken. By issuing an apology, the perpetrator is also admitting their wrongdoing and the publication of false information.
However, if the content is highly defamatory and posted with purely malicious intentions, it is more appropriate to ask for it to be taken down or escalate the action with professional legal advice. It is important to consider the size of the audience and any other considerations that may arise in the event of a takedown, as sometimes removing a post may trigger more attention and lead to counterintuitive outcomes.
If you need advice or assistance, please contact Nath Solicitors on 0203 983 8278 or get in touch with the firm online.