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Defamation: Damaging one's reputation in the public eye

21 August 2008

What can you do if your neighbour falsely accuses you, in public, of unlawful trespass.

As a rule of thumb, the majority of us are protective about our reputation and rarely face a situation where someone attempts to damage our reputation. It is generally thought that defamation claims are the sport of the rich and famous.

However, the growth of internet blogs and chat rooms means that it is becoming increasingly common for third parties to intentionally try to damage people's reputation. If this happens to you, you may want to consider bringing a defamation claim.

What is defamation?

To make a statement defamatory, the following needs to occur :-

• Publication by a third party i.e. publication by your neighbour;

• Words or matters carry an untrue insinuation against the reputation of individuals or companies i.e. your neighbour incorrectly accuses you of unlawful trespass;

• Serves to undermine that individual or company's reputation in the eyes of right thinking members of society generally i.e. the ordinary man on the street considers that the unlawful trespass accusation undermines your reputation in the community; and

• Exposes the individual and the company to hatred, contempt or ridicule e.g. your other neighbours avoid you in the street because of the accusation.

Sanctions

If you find yourself the victim of a defamatory comment, you can pursue the third party i.e. your neighbour for damages to compensate for your hurt feelings. You may also be able to pursue the third party for an injunction if you become aware of the proposed publication in the first place e.g. you find out that your neighbour is going to publish their view in the Local Parish newsletter.

Defences

However, the third party i.e. your neighbour may be protected by one of the following defences:-

1. Justification – it means that what has been published is true and the burden of proof is on the third party i.e. if your neighbour proves that you have been unlawfully trespassing on other neighbour's properties;

2. Fair comment – a third party may publish fair comment on a matter of public interest provided that they do so without malice i.e. your neighbour could say that they thought they saw you entering your neighbour's garden and invite comments from you;

3. Innocent dissemination – the third party is not the author, editor or publisher of the statement in question and took reasonable care in its publication i.e. the Local Parish newsletter took all of those measures;

4. Consent – you consent to the publication of certain statements i.e. you consent to the unlawful trespass comments being published in the Local Parish newsletter;

5. Satisfaction – you agree to accept an apology i.e. you accept your neighbour's apology; and

6. Absolute and Qualified Privilege - it applies in circumstances such as parliamentary proceedings and judicial proceedings or matters of public interest.

For more information on defamation claims, please contact Suzanne Smith, associate in the litigation and dispute resolution team on 01753 279039 or email disputes@bpcollins.co.uk.