Many of us are following the highly publicised defamation cases of Johnny Depp -v- Amber Heard and Rebekah Vardy -v- Coleen Rooney. But, what is it exactly that they are all arguing over?
Defamation overview
In the UK, defamation is defined as the act of communicating a false statement to a third party, which has been presented as fact and which causes serious harm to the reputation of the person or body that it describes. Such statement may be spoken or written.
There are two types of defamation: libel and slander. It is commonly perceived that written defamation is libel, whilst spoken defamation is slander. However, the legal difference between the two actually lies in the permanence of the statement (i.e. how long the statement will remain in the public domain). Therefore, libel is a form of damage that occurs over a longer, continued period of time, whereas slander is one that occurs quickly and in a short period. This means that libel could be spoken if it is recorded and retained.
In order to prove defamation, the Defamation Act 2013 requires that you will need to establish that the statement is false and that you have suffered serious harm to your reputation. The 2013 Act provides that truth; honest opinion based upon facts; publication on a matter of public interest; publication by someone else; and privilege are all defences to a defamation claim.
Online reviews and businesses
In a world where many individuals rely upon online reviews to choose which restaurant to go to, or where many businesses rely upon online reviews to bolster credibility, there are a few things that we should all be aware of when leaving and receiving reviews.
Applying the requirements of the 2013 Act, a business claimant will need to establish that any alleged defamatory statement is false and that the business has suffered serious harm to its reputation. Section 1(2) of the 2013 Act also explains that for profit bodies only suffer “serious harm” if that harm has caused, or is likely to cause, serious financial loss to that body.
In the recent case of Summerfield Browne Limited -v- Philip James Waymouth [2021], the claimant (a business) was able to establish that a false statement was made and that serious harm was caused. On this basis, the Court awarded the sum of £25,000 in general damages, as well as costs in the sum of £3,450, against the defendant (an individual) who left a defamatory review on Trustpilot – an undoubtedly substantial sum. This case has come as a warning to individuals that they ought to be very careful when leaving reviews.
Whilst the business has faced some criticism for taking legal action and silencing freedom of speech, it appears that the statutory provisions of the Defamation Act 2013 prevail.
In light of the recent case law, it is extremely important to consider the factual accuracy of the contents of any online review that is made. Failing to do so could result in a a rather unpleasant aftermath.
If you are facing a defamation claim, or you believe that you are subject to defamation, give Simran Khakharia, our Dispute Resolution and Litigation Solicitor, a call on 0203 744 3800, for a complimentary, no obligation consultation.