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Word Count: 505 How to Prosecute Libel and Slander in the UK
Defamation of character can be a serious business in the UK. But what exactly
is slander? And what is libel? Both are defined as a false statement made by one
individual about another individual with the intent to harm defamed person's
reputation in some way. The statement qualifies as slander if it is delivered
verbally, whereas the statement is libel if it is published in some other way
(for example by being written, or televised). To win a defamation case, you must
generally act within 1 year of the defamation, and you need to prove to the
court's satisfaction that:-
- The statement harms your reputation (an insult, for example, wouldn't do
it. Politicians, too, are essentially 'un-defamable' for this very reason).
- A third party was involved. Saying it just to you doesn't count.
- That third party could identify you from the statement (an anonymous
statement isn't libelous).
Additionally, in the opinion of counsel above and beyond advice available to
www.lawyersbench.com,
slander requires you to show that you have suffered either financial loss or
that your business, trade or professional reputation was damaged, or that you
have been accused of one or more of the following:-
- Of having committed a criminal offence
- Of having a contagious disease
- Of immoral conduct (women only!)
So what can you do if you think you have been slandered or libeled? There are
several possible course of action beyond ignoring it and not drawing attention.
First, you could demand an apology. If the statement really is defamatory, a
lawyer's letter will usually do the trick. The second response might be to
approach the professional body that regulates the channel thru which the
defamation occurred (such as the Press Complaints Commission if the statement
came via the UK press).
Thirdly, you could use section 2 of the Defamation Act 1996 with the
assistance of a lawyer to get them to stop. Fourthly, an injunction can be
applied for via the courts. You final recourse, is to sue - the course most
people are aware of. What they may NOT be aware of is how expensive this can
get. There is no Aid or public funding for such cases, so unless your pockets
are very deep, this must be your last resort, particularly as if you lose, you
could end up paying the other side's costs too!
If it does go to court, the accused has several possible defenses above and
beyond the standard defense of 'the statement is true'. They could argue that
they never made the statement, or that the statement did no damage, or wasn't
even defamatory. The bottom line is, before you get upset and ring a lawyer,
think hard on the subject!
Article Source: www.webraydian.com
About The Author
Jeff writes article about the law for Joe Public, and contributes articles to
www.lawyersbench.com a
free site full of top legal advice and tips.
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