At some point in your life, someone has probably said something unpleasant about you. This is the reality of being alive and being human. Not everyone will like you or be happy with you all the time. However, unpleasant remarks turn into something far more sinister when they cross into the realm of defamation of character.

Defamation of character can cause serious problems in your life and your quality of life or even your career or business could suffer because of it. That’s why you need to fight back if this is the case.

What is Defamation of Character?

First, you should know what the definition of defamation of character is. This is when someone else writes or says something that is untrue about you, your business, your product etc. that will damage your reputation or your business reputation.

If someone simply says something untrue about you or your business to your face, that is not considered defamation. However, if they say it or write it to someone else, such as in a review, this counts as defamation and reputation damage.

Defamation is usually called slander when spoken and libel if recorded in some manner, video, audio, or writing.

How Defamation Can Affect Your Life

Why is someone telling falsehoods about you or your business such an issue? It can destroy your reputation, which has serious consequences.

Here are a few examples of why defamation is so serious:

●     If an unhappy ex-employee begins to post videos on popular social media sites, talking about how your restaurant uses poor ingredients in its burgers, this can have drastic effects. While some people won’t believe this, many will and they’ll go on to spread the information. In a few weeks, you could lose all your business and end up with a failing restaurant.

●     Another scenario could be where someone tells a potential employer that you have a history of theft in workplaces. This immediately causes the potential employer to discard you as a candidate and, if that same information spreads, it’s possible to be blacklisted in your career.

●     Lastly, deformation could take place if a person is rumoured to have a criminal past, perhaps even involving sex crimes. While this is not true and is easily verified, the rumours can cause people to avoid you and even prevent you from getting a job or a position as a volunteer.

In each of these scenarios, the “facts” being told by someone were incorrect and outright lies. However, it’s been proven that most people will pass along juicy gossip before they check the source or verify that the information is true or not. That results in the rapid spread of misinformation and defamation.

Are You Facing Unfair Dismissal Due to Defamation?

In some cases, an untrue statement may cause you to lose your job. If you have been unfairly dismissed due to defamation or if you were unfairly dismissed and then subjected to defamation of character by your employer, you can fight this. In these cases, you would look for a solicitor practising employment law. They will have the necessary experience to determine if you are dealing with unfair dismissal and to help you determine if what you face is defamation of character.

You should always talk to a lawyer as soon as possible, as you could miss out on some vital information as you react emotionally. After all, defamation can hurt feelings, but it’s when you find it hurts your business or reputation that you can do something about it. This is particularly true if you have lost money due to the statement.

Collecting Evidence and Burden of Proof

While in the UK the burden of proof is on the defendant, you should still have proof of what occurred. These are two very separate things, but they are equally important.

First, you need to prove that the defendant really did say or print the false statement - this can be more difficult than you may expect. However, you can collect proof by taking screenshots of any defamation posts on social media, emails, etc. If the defendant has blocked you on these mediums, you may have someone else do the screenshot or save a video, etc. and send you the file.

It may be more difficult to prove when the statement was spoken and not recorded. In this case, you’ll need to talk to the people who heard the defendant speak. Your solicitor can help you with contacting these people and discussing whether they are willing to make a statement or appear in the tribunal if needed. All of this pertains to proving the incident occurred. If you can’t prove that anything was said at all, then it will be very difficult to go before a judge.

The second part of the issue is the burden of proof. Once it has been established that the statement was made by the defendant, it must be proved to be true if the defendant doesn’t want to be charged with defamation of character. Of course, in cases where they have lied, there is no proof and this will immediately ruin their chances of winning the case.

As the plaintiff or the one who has dealt with the consequences of the defamation, you do not have to prove that the statement was false. However, you should provide as much proof as possible. If it affects your career or business, you can provide statements showing the loss of income due to the statement. This will further your case considerably and makes it more difficult for the opposing side to refute the defamation claim.

In any case, where neither side has proper evidence, the side with the burden of proof will lose.

How a Law Firm Can Help

If you’re trying to determine whether or not you have a case, the simplest thing to do is talk to a law firm. A solicitor will look at the information you present and will let you know if you can proceed. They will help you with finding proof, as well.

Even if you are certain that you are willing to sue, there is a process to go through and you will need to work this out with the solicitor. Fortunately, a law firm that has experience with defamation will be familiar with everything necessary to ensure your win. Your lawyer will guide you through the entire process, collecting the necessary evidence and helping you prove that the statement was indeed false and that it has caused problems in your life or business.

In order to sue for defamation, you must make a claim within one year of the statement being made, which means you cannot wait terribly long. You will also need to prove that the allegation was defamatory. For example, it must:

●     Reduce your reputation or estimation of the members of society.

●     Have caused or is likely to cause serious damage to your or your business reputation, including loss of money.

●     Have been published or spoken to a third party and that the defendant was indeed responsible for this.

If you win the case, you will usually be paid compensation by the perpetrator. This is to cover damages caused by their statement and your opponent will likely pay all or some of your legal costs. Remember that your case will be far stronger if you have lost money and can prove it, as a direct result of the statement made. Of course, many throwaway comments will not be taken seriously in this context, but you will be able to prove if you have lost money because of the damage to your reputation or your business reputation.

No one wants to deal with this type of case, but if you are a victim, then you cannot let it go. There is too much that could cause future problems. However, if you do not wish to sue, you can enter mediation and work toward a more amicable solution, such as a public apology from the person who made the statement.

It may not be possible to reverse the damages done by a lie told, but if you have the law on your side, you may recover your reputation over time. Talk to your solicitor about the options and whether you should sue. They’ll have the best advice, based on years of experience in the field.  

If you feel that you have been the victim of defamation of character, contact North Ford Solicitors for more information on how to proceed with your case.