Defamation (Libel and Slander)

It may have taken a person or a business years to earn their good reputation, but with the internet, social media, and 24 hour per day news reporting, it can be lost in moments. All it takes is for a defamatory comment to be published or repeated, and within minutes it can go round the world. Sometimes quick action resulting in an apology, clarification, or retraction can nip the situation in the bud, but sometimes court actions seeking compensation for the damage caused are necessary.

Defamation is the communication of a false statement or idea which would tend to lower a person’s or a business’ reputation in the eyes of right-thinking members of society. It is simply called “defamation” in Scotland, though we often see English expressions such as “libel” (written defamations) and “slander” (verbal defamations) in the newspapers.

There are a number of defences open to somebody accused of making a defamatory statement. The most commonly seen defences are that the statement was true, or that at any rate it was a fair comment in the circumstances. Also, mere abuse or words spoken in heat may not be actionable, and there are certain situations where generally you are allowed to speak your mind, such as when giving a reference.

It must be said that defamation actions can be very expensive. Legal aid is not available for them except where there is a matter of great public importance involved, so suing about a few hard words exchanged over the garden fence is unlikely to be worthwhile. However, some defamatory statements can not only be extremely wounding, but can cause serious financial losses.

If you have been the victim of a serious defamation, contact John Mitchell, Richard Godden, Ann Scott, or Douglas Peters for a free no obligation discussion on 0131 222 8000.