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Defamation of Character: An Overview

28
Jan 2025

Defamation of Character: An Overview

Defamation of character is a legal concept that addresses harm caused by false statements about an individual or organisation. While the principles behind defamation may seem straightforward, the law itself strikes a delicate balance between two fundamental rights: the right to protect one’s reputation and the right to freedom of expression.

What is defamation of character?

Defamation refers to the act of making a false statement that damages another person’s reputation. These statements can be made in various forms, and the law separates them into two categories:

Libel: Defamatory statements that are written, broadcast, or otherwise recorded in a permanent format. For example, a defamatory post on social media or a false claim in a newspaper article would fall under libel.

Slander: Temporary forms of communication, such as spoken words or gestures, are considered slander. An example might be a false statement made during a speech or casual conversation.

Defamation law aims to provide a remedy for individuals or organisations whose reputations have been unjustly harmed while still protecting the fundamental right to free speech.

Since the Human Rights Act 1998 came into force, the law on defamation has had to accommodate the provisions of the European Convention on Human Rights (ECHR). An individual’s right to reputation is a part of Article 8, the right to respect for private and family life. In some cases, it will be important to balance that right against the right to freedom of expression set out in Article 10.

Our next article will focus on the key elements that must be established to succeed in a defamation claim.

More on the media law team

Here at Chadwick Lawrence LLP, our specialist media law and reputation management team have experience in acting on behalf of both Claimants and Defendants, and dealing with not only defamation matters, but also those involving harassment, privacy and malicious falsehood.

We offer a retainer package, Media Law Protect, to business clients who may find comfort in an extra layer of protection in relation to their online reputation. This package provides not only unlimited telephone support, but also unlimited cease-and-desist letters for a year, in attempts to quickly protect the business from any defamatory threats which may be of concern. Please do not hesitate to contact the team should this be of interest to your company. Our contact details are as below:

Lydia Jeffels – LydiaJeffels@chadlaw.co.uk

Joshua Smith – JoshuaSmith@chadlaw.co.uk

Asma Iqbal – AsmaIqbal@chadlaw.co.uk

Kathryn Hunt – KathrynHunt@chadlaw.co.uk

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Dementia Action Week – Events in West Yorkshire

20
May 2025

Dementia Action Week – Events in West Yorkshire

Dementia Action Week is an important opportunity to raise awareness, support individuals living with dementia, and connect people with resources in their communities. Across West Yorkshire, a range of events are being held to mark the week, and ongoing support is available throughout the year. Local Events During Dementia Action Week In the Huddersfield area…

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Understanding Dementia: Why Early Diagnosis Matters

19
May 2025

Understanding Dementia: Why Early Diagnosis Matters

At Chadwick Lawrence, our Dementia Committee is dedicated to raising awareness and supporting individuals affected by dementia. From hosting charity bake-offs to sharing valuable information, our goal is to educate both our staff and the wider community. As part of Dementia Action Week, we’re launching a series of daily blogs covering key topics – from…

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