In recent years, podcasts have become increasingly prominent for expressing views and opinions to global audiences. But what happens when a podcast targets you with allegations that have no real basis in fact? In England and Wales, there are legal routes available for individuals and entities where online statements have caused or are likely to cause serious harm to reputation.
Before making a claim for defamation, it is crucial to keep an audit trail of everything connected to the allegation, recording what was published, when it was published and the harm it caused. This typically involves downloading the podcast episode, or episodes, that refer specifically to you along with screenshots of the episode title, description, the podcast channel page, the publisher details and any relevant timestamps. For clear records, transcribing the statements complained of and recording exactly what was said, the context, and the date of publication can help provide a rounded picture of the complaint. You should also document the impact of the podcast on you and gather evidence of reputational damage, for example lost business, harassment, or emotional distress. Where possible, this should all be supported by records.
Once the evidence has been collected, you should consider contacting the podcast host directly to request a take down, retraction of the defamatory content and, where appropriate, an apology. If the host does not engage or refuses to comply, you can report the episode to the platform hosting the audio, and any sites reposting the clip, as many platforms have policies, rules, and compliant processes for harmful or unlawful content, including defamation. Another option is to instruct a solicitor to send a cease-and-desist letter. They can send a formal letter demanding the removal of content and a retraction which may resolve the issue without a lawsuit.
If your requests to remove the content are ignored and there is still harm your reputation, legal action may be the next step. Firstly, you need to identify who should be sued, usually the person who posted or published the content, and sometimes the host, producer, or the platform. You could consider claiming damages and ask the court for an injunction to stop further publication to reduce the harm. The court can order that defamatory material is removed from the internet or access to it is blocked.
In England and Wales, a defamation claim must be issued within one year of the first publication. The defendant may rely on defences such as truth, this is a complete defence if the allegation is substantially true, or honest opinion, although this will not protect statements that are factual allegations or that imply false facts. Under the Defamation Act 2013, the statement must have caused or be likely to cause serious harm to the claimant’s reputation, and for trading bodies, serious financial loss. It is highly advisable to consult with a specialised defamation lawyer to assess your case and provide you with an appropriate way forward.
Nath Solicitors is a leading boutique law firm with over 30 years’ legal experience. We specialise in defamation and are best placed to advise on your matter. If you need assistance, please call us today on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.