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We have seen a rise in disputes surrounding social media and the misconception that you can post whatever you like, with no repercussions. This is not the case! In this, Is it legal to… we explore the law surrounding defamation.
If you post negative and untrue statements about someone online, which has caused or is likely to cause serious harm to their reputation, personal life or employment, those statements could be perceived as defamatory.
It is likely that you will initially receive a cease-and-desist letter, demanding that you remove your posts and cease from posting defamatory statements in the future.
Yes. If you ignore the cease-and-desist letter, the defamed party (i.e. the person you posted about) could file a civil claim against you relying on the Defamation Act 2013. You might even face criminal action if the post is considered harassment.
One of the defences to a defamation claim is that the statement was in fact true. However, you would need to prove this for the defence to be successful.
If you have any questions surrounding defamation, please contact our Litigation & Dispute Resolution team for further, tailored advice on 01603 620508.
This article was produced on the 14th August 2024 by our Litigation & Dispute Resolution team for information purposes only and should not be construed or relied upon as specific legal advice.
