Finding out that defamatory statements have been published against you can be a very distressing experience. Not only does it cause unnecessary stress, it may also jeopardise interpersonal relationships, cause job opportunities or business to be lost and, in worst case scenarios, exacerbate mental health issues.
So, what action can you take to tackle the defamation made against you in order to minimise the harm it can cause? The following avenues may be helpful to halt or remove the defamatory content:
Collect evidence
Evidence should be preserved without delay by recording it in chronological order, together with all relevant dates and timestamps. The source of the publication and, where identifiable, the identity of the person or organisation responsible for publishing the content should also be documented. In cases where serious harm was inflicted through defamation, such evidence will help reinforce your claim that you have been harmed, even when the content is deleted or taken down. You could also consider using an online archiving tool to preserve the evidence with independently verified timestamps. Such records may be regarded as more reliable than ordinary screenshots because they provide an authenticated record of the content at the time it was captured.
Additionally, it is useful to begin compiling any counter-evidence available against the defamatory statements. As the claim of defamation itself is constructed on the foundations of the statement, or content being untrue, proving that it is misleading, inaccurate, or completely false is favourable. Where there is compelling evidence and a strong legal case, your matter is more likely to be prioritised and resolved promptly.
Make use of reporting channels (and not direct communication with the poster)
Where the statements have been published on a platform that offers specific reporting mechanisms, such as dedicated mailboxes, online forms or chatbots, these should ordinarily be utilised first before pursuing other courses of action. By submitting the collected evidence, you should detail why the content is defamatory and harmful to you and request the removal of the post.
Do not respond or retaliate to the poster, as it may weaken your case if you are provoking them or making defamatory statements in return. It may even have the unintended consequence of widening the reach of the statement or article. Reacting in certain ways (e.g., being defensive) may allow the other side to argue that they have the defence of truth or honest opinion. It may be sensible to remain silent for peace of mind to consider and weigh the best course of action.
Seek legal advice
If the content has not been removed within one or two days of being reported, it may be advisable to seek specialist legal advice on defamation before the publication reaches a wider audience or causes further serious harm to your reputation. A solicitor can assess the circumstances and, where appropriate, send a formal legal notice requesting that the defamatory content be removed, corrected or retracted.
If you need advice or assistance, please contact Nath Solicitors on 0203 983 8278 or get in touch with the firm online.