Internet defamation in the UK
Internet defamation - client quote
I contacted Adlex after finding them on the internet when I searched for 'internet lawyers'. There was an anonymous, derogatory blog that had been posted on the internet about my company that we needed to be removed and the site hosting the post would not respond to my emails. Following a couple of very strong and fact-based letters, referring to previous internet defamation cases, the website promptly removed the post from the internet. I would not hesitate to use Adlex solicitors again. A big thank you to Adam and Sarah.
J.H.
As internet lawyers, we are constantly approached by victims of internet defamation. So much is being written by so many online these days that it’s not surprising that internet libel litigation is a huge growth industry. Defamatory comments can obviously cause serious damage to individuals or businesses, particularly when they make their way to the top of the search engine results.
Usually our main objective in online defamation cases – where we are acting for the defamed party – is the fast removal of the defamatory post or other content from the website, ideally without the need to file legal proceedings. There are some instances where going to court may be inevitable, but this is very much a last resort. Often claimants will (reluctantly) relinquish a claim for damages provided that they can get the objectionable material removed.
If you are the victim of internet defamation...
You need to develop a clear legal strategy. Obviously the starting point is to confront the author of the defamatory material with a "solicitor’s letter" from an internet solicitors. However, the author may be unidentifiable or based abroad or not worth suing. Therefore, we tend also to apply legal pressure to the website publisher or host, who under UK law can be held liable for internet defamation in certain circumstances (see below).
If you are a website operator or host worried about liability in the UK for online defamation...
You have good reason to be concerned. Under UK law the position is rather complex but the starting point is that, not only authors or editors, but also "secondary publishers" who make the information available to the public, such as website hosts or operators of website forums, can all be held liable for online defamation.
However, if what you do amounts purely to storing online content, the law may let you off the hook provided that you had no reason to know of the defamatory content and that, when you found about it, you quickly removed it.
Understandably, those operating online forums often prefer to vet and edit material before allowing it to be posted. But, by interfering in this way, under UK law website or online operators will almost certainly be treated as doing more than merely "storing" information and therefore more likely to be held legally responsible for internet defamation occurring on the website or other online location.
The safest course of action for website operators or hosts facing allegations of internet libel is therefore to take down all of the content immediately. If you delay or attempt to edit the material, then your risk of legal liability for online defamation increases substantially.
What is the difference between internet libel and internet slander?
People are often confused about this. Libel is simply defamation in written form. So, defamatory comments on websites and in emails are examples of internet libel. Whereas slander is defamation in verbal form eg an audio recording.
How Adlex Solicitors can you help you...
For more information about internet defamation, contact internet lawyer Adam Taylor of Adlex Solicitors on +44 (0) 207 317 8404 or email.