The tort of defamation

Defamation occurs where the accused harms a person’s reputation by spreading false information about the person to a third party. Defamation which occurs as unrecorded speech is actionable as slander. Slander is generally actionable only on proof of actual damage to the victim’s reputation. However, slander alleging any of the following does not require proof of actual damage: having committed a crime punishable by imprisonment, having a contagious or infectious disease, lack of chastity, committing adultery, or incompetence or unfitness for any office, profession trade or business.

Defamation that is permanent, for example, in written form in a book or newspaper, or on a website, is libel. The essence of libel is that it harms someone’s reputation,  diminishing it in the minds of right-thinking members of society. The person libelled must be identified, and the libel must have been communicated to a person or persons other than the person libelled. Posts on a website, for example, falsely alleging that a female is a prostitute or falsely alleging that someone has committed a criminal offence, or is otherwise dishonest or untrustworthy are libellous.

The remedy for libel is monetary compensation and, where appropriate, an injunction to prevent repetition. Truth and fair comment are defences to libel. Fair comment is genuine criticism as opposed to a personal attack. Innocent reproduction of a statement without knowing what it was can also be a defence to libel. With the tort of defamation, there is the added consideration that Legal Aid is not available, irrespective of the victim’s financial situation.