Defamation disputes can sometimes form part of a wider campaign involving repeated contact, threats, harassment, conduct associated with stalking or demands backed by threats to publish damaging allegations.
Nath Solicitors is a boutique London law firm advising businesses, directors, professionals and individuals where this conduct is closely connected with a defamation or reputation dispute.
If defamatory publications are accompanied by threats, repeated contact or other concerning behaviour, call 020 3983 8278 or complete our online contact form to discuss whether we can assist.
Important: Nath Solicitors does not act in standalone harassment, stalking or blackmail matters. There must be a substantive defamation or reputation-related element to the dispute. We do not provide criminal defence or prosecution services.
A reputation attack may involve far more than one publication. Someone may repeatedly contact an employer, customer or family member, publish allegations across several accounts, threaten further disclosures or try to pressure the target into complying with a demand.
In these circumstances, the conduct should be considered as a whole. Defamation, harassment, privacy and criminal-law issues may overlap, but different legal tests and remedies apply.
For broader guidance, see our Defamation, Reputation Management and Privacy page.
When can Nath Solicitors help?
We may be able to advise where repeated, threatening or intrusive conduct is closely connected with defamatory publications or a wider reputation attack.
Examples can include:
- repeated false allegations across several platforms;
- threats to publish damaging allegations unless a demand is met;
- contact with customers, employers or professional associates as part of a reputation campaign;
- repeated posts accompanied by direct messages or unwanted contact;
- fake or impersonation accounts used to publish allegations;
- contact with family members alongside defamatory publications;
- threats to circulate allegations to journalists or regulators; and
- coordinated activity involving several accounts, websites or publishers.
We do not provide a standalone service for harassment, stalking or blackmail where there is no substantial defamation or reputation element.
When can harassment overlap with defamation?
Harassment and defamation are separate areas of law, although the same course of conduct can sometimes raise issues under both.
Defamation concerns publications capable of causing serious reputational harm where the legal requirements of a claim are satisfied.
Harassment is governed principally by the Protection from Harassment Act 1997. Section 1 prohibits a person from pursuing a course of conduct which amounts to harassment of another where they know, or ought to know, that it amounts to harassment.
For conduct directed at one person, a course of conduct will generally involve conduct on at least two occasions. Harassment can include behaviour that causes alarm or distress.
Publications can form part of that course of conduct. A campaign might involve repeated social media posts, emails, direct messages, contact with employers or customers, false complaints, several online accounts or attempts to encourage others to repeat allegations.
Repeated or distressing behaviour does not automatically establish a harassment claim. The complete course of conduct and its context must be assessed.
Our Online Harassment page covers repeated online conduct connected with reputation disputes in greater detail.
What will a solicitor assess where defamation and harassment overlap?
Where defamatory publications appear to form part of a wider pattern of threatening or repeated conduct, we consider the publications and overall behaviour together.
Depending on the circumstances, this may include:
- what has been published or threatened;
- whether the publications may satisfy the requirements of a defamation claim;
- the chronology and frequency of the conduct;
- who has been contacted;
- whether several accounts, websites or publishers are involved;
- evidence of alarm, distress, reputational harm or financial loss;
- whether the Protection from Harassment Act 1997 may apply;
- whether private or confidential information is involved;
- whether demands or threats raise criminal-law issues;
- whether urgent civil relief or police involvement should be considered; and
- the practical outcome the client needs to achieve.
It is important not to assume that every threatening publication is simply a defamation claim, or that every unpleasant interaction legally amounts to harassment, stalking or blackmail.
Can harassment lead to a civil claim?
Potentially.
Section 3 of the Protection from Harassment Act 1997 provides a civil remedy for an actual or anticipated breach of the statutory prohibition on harassment.
Where the requirements are established, the court can grant an injunction restraining the conduct. Damages may also be available, including for anxiety caused by harassment and resulting financial loss.
Where publication forms part of the alleged harassment, the Pre-Action Protocol for Media and Communications Claims may also be relevant. The Protocol covers harassment by publication alongside defamation and other media and communications claims.
Stalking behaviour linked to defamatory publications
Conduct associated with stalking can sometimes overlap with a sustained reputation campaign.
Section 2A of the Protection from Harassment Act 1997 concerns the criminal offence of stalking and identifies examples of conduct that can, depending on the circumstances, be associated with stalking.
These include:
- following a person;
- contacting or attempting to contact them;
- publishing statements or material about them;
- publishing material purporting to originate from them;
- monitoring their use of electronic communications;
- interfering with property; and
- watching or spying on them.
The presence of one of these behaviours does not automatically mean the criminal offence has been committed. The overall course of conduct and statutory requirements must be considered.
Nath Solicitors does not provide standalone stalking or criminal representation. We may advise where conduct associated with stalking forms part of a wider defamation or reputation dispute, such as repeated false publications, impersonation accounts, monitoring and contact with third parties.
Blackmail threats involving damaging allegations
Some reputation disputes involve threats to disclose damaging allegations unless the target pays money, takes a particular action or agrees to another demand.
Blackmail is a criminal offence under section 21 of the Theft Act 1968. Broadly, it concerns an unwarranted demand with menaces made with a view to gain or with an intention to cause loss.
Not every threat or demand amounts to criminal blackmail. The statutory elements require proper assessment.
Nath Solicitors does not act as a criminal law firm in blackmail investigations or prosecutions. We may, however, advise on connected civil and reputation issues where a demand is accompanied by a threat to publish defamatory allegations or other damaging material.
This may include:
- assessing the threatened publication;
- preserving relevant evidence;
- considering pre-publication intervention;
- advising on material already published;
- examining connected harassment or privacy issues; and
- considering civil steps aimed at protecting reputation or limiting further publication.
Where criminal conduct may have occurred, police involvement may be appropriate. Civil reputation proceedings are not a substitute for reporting an immediate safety risk or suspected criminal offence.
Threats to publish damaging allegations
A person may threaten to contact an employer, customers, suppliers, family members, regulators, journalists or professional contacts with allegations capable of causing reputational harm.
The first question is not necessarily whether the threat should immediately be answered.
The proposed allegations, available evidence, nature of any demand, intended audience and wider history between the parties should be assessed first.
Where publication has not yet taken place, our Pre-Publication and Post-Publication Defamation page explains the options that may need to be considered.
Early intervention can sometimes provide an opportunity to challenge inaccurate allegations or limit publication before it reaches the intended audience. Not every damaging allegation can lawfully be prevented, however, and potential defences and other legal protections must be considered.
Online campaigns involving several accounts or publishers
A sustained reputation attack can involve several platforms, accounts and participants.
Conduct may include:
- repeated defamatory posts;
- fake or impersonation accounts;
- direct messages;
- contact with customers, employers or professional contacts;
- publication within private groups;
- repeated emails;
- false complaints;
- videos or livestreams;
- anonymous websites; and
- attempts to encourage others to participate.
Individual incidents may appear unconnected when viewed separately. A chronology can help establish whether they form part of a wider pattern.
Where the identity of a publisher is unknown, see our Anonymous Posts and Online Attacks page.
For wider platform-led reputation disputes, see our Social Media Defamation and Reputation Recovery page.
What should you do if defamation is accompanied by threats or harassment?
1. Preserve every part of the conduct
Save posts, messages, emails, photographs, videos and voicemails.
Record dates, times, usernames, account details, phone numbers, URLs and the wording of threats or demands. Preserve original material where possible rather than relying only on edited screenshots.
2. Keep a chronological record
Create a timeline setting out what happened and when.
Include publications, messages, calls, third-party contact and relevant offline incidents. A clear chronology can help identify whether apparently separate events form part of a continuing course of conduct.
3. Record third-party contact
Keep evidence where employers, customers, suppliers, family members, colleagues or professional contacts have been approached.
Ask recipients to retain the original communication where they are willing to do so.
4. Preserve demands and threats
Do not delete communications containing demands, threats to publish or statements about what will happen if you do not comply.
Keep originals as well as screenshots.
5. Avoid escalating public exchanges
A public argument can increase the audience for damaging allegations and create additional material relevant to the dispute.
Preserve the evidence before deciding whether and how to respond.
6. Seek police assistance where appropriate
Call 999 where someone is in immediate danger, violence is being used or threatened, or a serious offence is in progress.
For non-emergency matters, contact the police on 101 or through the appropriate online reporting service.
7. Obtain advice on the connected reputation dispute
A solicitor can assess how the publications, threats and repeated conduct interact and which civil remedies may realistically be available.
Our guide on What to Do If You Are Being Defamed explains evidence preservation in more detail.
What legal action may be available?
Where defamation and harassment genuinely overlap, potential civil steps may include:
- legal correspondence requiring conduct to stop;
- removal of defamatory publications;
- correction or retraction;
- undertakings against further publication or contact;
- civil harassment proceedings;
- an injunction where the relevant requirements are established;
- a defamation claim;
- damages where appropriate; and
- negotiated settlement.
The appropriate route should reflect both the legal position and the result the client needs.
Court proceedings are not required in every matter. Some disputes can be resolved through focused correspondence and legally binding undertakings.
Where criminal conduct may also be involved, the civil reputation strategy should be considered separately from any police investigation or criminal process.
Responding to allegations of defamation or harassment
Nath Solicitors also advises clients responding to civil allegations involving publications and alleged harassment where there is a substantial reputation element.
Receiving a letter alleging defamation or harassment does not establish liability.
The publications, alleged course of conduct, surrounding context, evidence and available defences should be assessed before a substantive response is made.
The Protection from Harassment Act also provides statutory defences in defined circumstances, including where conduct was pursued for preventing or detecting crime, was authorised by law or was reasonable in the circumstances.
Where allegations arise from legitimate reporting, regulatory communication, whistleblowing or another potentially protected activity, those issues may also need careful consideration.
Our experience in defamation and harassment disputes
Nath Solicitors has more than 30 years of litigation and advisory experience, with Director Shubha Nath overseeing major reputation matters.
Our published work includes acting for a church subjected to repeated defamatory allegations through Facebook and a website. Nath Solicitors intervened and sought undertakings, bringing the harmful conduct to an end.
We have acted for a diamond art company facing a campaign involving defamatory Facebook and YouTube publications and a private Facebook group created to damage the business. The matter resolved with deletion of the material and removal of the group.
In another published matter, Nath Solicitors acted where a social media manager published allegations accusing an aesthetics practitioner of copying and plagiarism. The publications were removed and an apology obtained.
Our wider reputation practice includes repeated social media publications, anonymous accounts, contact with employers and third parties, threatened publication and coordinated online campaigns.
We act for both claimants and respondents where civil defamation and harassment issues overlap.
Read more examples on our Defamation Case Studies page.
Why clients instruct Nath Solicitors
Clients instruct Nath Solicitors in qualifying defamation and harassment disputes because we offer:
- more than 30 years of litigation and advisory experience;
- experience in reputation disputes involving repeated online conduct and harassment by publication;
- published experience obtaining removal of defamatory material and undertakings against further conduct;
- experience acting for businesses, professionals and individuals;
- experience acting for both claimants and respondents;
- direct access to senior lawyers; and
- the reassurance of instructing an SRA-regulated boutique London law firm.
Our approach is to assess the entire pattern of conduct rather than treating every publication, message or threat in isolation.
We also maintain a clear distinction between civil reputation issues and matters requiring police involvement or specialist criminal representation.
Contact Our Defamation and Harassment Solicitors in London
Where defamatory allegations form part of repeated harassment, conduct associated with stalking or threatening demands, the wider pattern may need to be assessed rather than each publication being treated separately.
Nath Solicitors advises businesses, directors, professionals and individuals where this conduct is closely connected with defamation and reputation damage.
We do not act on standalone harassment, stalking or blackmail matters and do not provide criminal representation.
Where there is an immediate danger or suspected serious criminal conduct, contact the police.
For advice about the connected civil reputation dispute, call 020 3983 8278 or complete our online contact form.
This page contains general information about the law in England and Wales. It does not constitute legal advice in relation to any particular matter.
Reviewed by Shubha Nath, Solicitor and Director.