Defamation is the publication or broadcast of a false statement which lowers the reputation of a person in the eyes of ‘right-thinking’ members of society. It can occur through several means; from writing an untrue article in a newspaper about a person to accusing a customer of shoplifting. In order to succeed in a claim for Defamation, the following criteria must be satisfied;
- There must be a publication to a third party. (Oral publication – Slander, Written publication – Libel)
- The defamatory statement must be untrue.
- The statement must identify a person and damage their reputation.
- Compensation will vary depending on the nature of the statement and the extent of the publication. i.e. the more serious the statement and the more people who read or hear the defamatory statement, the greater the award of damages.
- As per the Statute of Limitations 1957, as amended, claims for Defamation must be brought within one year from the date on which the action accrued or such longer period as the court may direct but not exceeding two years.
Please feel free to contact us should you believe to have any queries regarding Defamation.