When someone makes a false statement about you to a third party – whether online or in traditional media – and the statement damages your reputation in some way, you may be able to bring a legal action for defamation.
As London solicitors specialising in defamation we are in a position to advise you not just on technical aspects of the law but also on the useful, practical solutions available to you when faced with defamatory material online that is harming your personal or professional reputation. We are regularly asked to deal with negative online reviews for example and to investigate websites that publish defamatory material about our clients.
At Nath Solicitors we understand that clients who have been defamed online are sometimes reluctant to go to court. This may be for a number of reasons, including:
• The risk of losing and consequent exposure to substantial legal costs
• Adverse publicity inherent in bringing a case to court
• Delay and uncertainty that could end up causing more damage than the original defamatory comments
The good news is that court is rarely the best way forward when tackling online defamation. Before embarking on any formal legal action a simple request to a website owner or to the individual who has posted contentious content on their personal blog or website can be surprisingly effective.
In our experience the vast majority of online defamation cases can be satisfactorily resolved in this way. Following a request – or takedown notice – many online publishers will remove the material, keen to avoid the disruption involved in defending a defamation case.
When requesting the removal of defamatory material it’s essential to act quickly so that the potential harm caused by any offending material is minimised. It’s also worthwhile obtaining specialist advice to ensure your request leaves the person who made the defamatory comments in no doubt about what you want them to do.
Would you be satisfied with a correction or retraction posted alongside the offending material? Most of our clients wouldn’t be. What they want is for the material deleted completely. And it’s essential to spell this out in your request. If deletion isn’t possible you should ask for all defamatory comments and references to you to be redacted, and if possible for a ‘noindex’ tag to be inserted in the website’s code so that the material does not appear in future Google searches.
Of course, not all takedown requests will succeed. If necessary you should seek further legal advice about options. At Nath Solicitors we offer a comprehensive advice service on all aspects of defamation and related matters, including:
• The legal aspects of harassment
• The possibility of bringing a case to the Information Commissioner for misuse of private information if appropriate.
• How to enforce your ‘right to erasure or right to be forgotten under GDPR
For more information please contact our legal director Shubha Nath on + 44 (0) 203 670 5540 or contact the firm online .
"Shubha Nath is my go-to lawyer. She provided my department with commercial legal services for the best part of 10 years. She listens carefully to what the business requires, is clear in her explanation of complex legal agreements and frameworks and is incredibly fast at turning round documents. I was so impressed by her I've recommended her company Nath Solicitors to other businesses."Testimonial From Bernard McKeown
"Shubha, I'd just like to thank you for helping me to come to an amicable settlement with my former company co-directors so quickly and effectively. The advice and suggested approach certainly worked very well for me and I also felt a sense of safety and control being mentored through a very daunting process. You are brilliant at what you do and you helped me to cope with a very stressful situation. I would not hesitate to recommend you and Nath…Testimonial From Stephan Hepton
“I would like to thank and recommend Nath Solicitors and Shubha personally for all your professional advice and help. We have a variety of business interests from Medical and Dental to Analytics and Artificial Intelligence; I am extremely impressed how Shubha has been able to advise in all of these fields for a variety of unrelated projects. We have been particularly impressed with hard work, dedication, professional approach and personal touch. Dr Chetan.”Testimonial From Dr Chetan
I live in Saudi Arabia. Although thousands of kilometers separated us, I picked up the phone and talked to Shubha and I asked her to help me in what I believed was a fraud case. She answered gladly. She was smart, honest, and professional; she has been receiving my calls, letters and emails for more than one month did not seem to mind at what time I communicated with her and it was any time and she always responded quickly. Shubha…Dr Aldarwish ( International client)
We are pleased to note our satisfaction with the standard of service, offered to us by qualified and efficient team of Nath Solicitors. This is a Firm with high integrity and strong, traditional, values focusing on providing the utmost levels of customer satisfaction but don’t just take their word for it, take time to review their customer testimonials. Shubha Nath, who has been providing services to our company, has shown how passionate she is about her job and has delivered…MD of Security Company Dispute Resolution Testimonial
Client comment on company incorporation and advice on a shareholders agreement prepared by Shubha Nath. We felt well advised and Shubha protected our interests immaculately and we are truly very grateful to her for all her help in securing our interests. Director Food Company.Director of a Food Company