Have I committed libel (or is it slander?) on my blog?

JennyP

Never sure of the difference between legal or slander.

Is it ok to talk about someone - and their business - and say what your issue is with them, as long as you don't name them?

I mean, loads of people discuss their problems with all sorts of companies on here don't they?

Elle7

You might need to expand a little on what you wrote - was it based on an experience you had with them, and was it 100% true?

I believe this can make a big difference.

serious_saver

Slander is something defamatory that is spoken

Libel is a something defamatory that is published. Published includes anything that is recorded, so that means books, newspapers, television, posters and the internet.

Defamation is anything that is damaging to a persons reputation and it doesn't have to specifically name a person to defamatory. If someone can be identified in anyway then it can be libellous. You can also be sued for libel if the you are an innocent party but to an outsider it looks as though the publication is referring to you.

For example if a newspaper said "a player from ______ football club has committed a crime" the whole team could potentially sue.

There is one defense for libel and slander and that is 'The Truth'. If you can prove that you told the truth then a libel/slander case will not stand. However unlike criminal cases the onus is on the defendant (you) to prove that they told the truth. Even if you know it to be right, you need to make sure you can back it up with evidence.

You will need to weigh up whether you think she is identifiable to anyone who reads your blog. If it will damage her reputation (people who know her /people who might do business with her will be able to identify her) then there is a possibility of defamation.

There you go - that's my brief lesson in Defamation Law.

NeverAgain_2

The other two defences to libel are fair comment and privilege.

Fair comment allows for the expression of honestly held opinions, even though they may be outrageous to some, provided any facts - if there are any - in the piece are accurate.

Privilege relates to reports of public proceedings such as parliament and other public meetings - doesn't apply here.

Realistically, a business which is not named cannot be identified anyway, on the reasonable assumption there are many, many other similar businesses.

serious_saver

NeverAgain wrote: »

The other two defences to libel are fair comment and privilege.

Fair comment allows for the expression of honestly held opinions, even though they may be outrageous to some, provided any facts - if there are any - in the piece are accurate.

Privilege relates to reports of public proceedings such as parliament and other public meetings - doesn't apply here.

Realistically, a business which is not named cannot be identified anyway, on the reasonable assumption there are many, many other similar businesses.

Both of these are defenses but the best defense is always the truth. If you can prove something then you have no problem at all.

Privilege has a specific purpose within Parliament and Courts of Law that wouldn't be relevent to most people.

Fair Comment (renamed Honest Comment) is meant as a way allowing opinion and criticism of something, generally artistic persuits although it can be stretched beyond that. It means I won't get sued by ITV when I say that I think X factor is absolute carp :T

Enterprise_1701C

An extra way of protecting yourself, and I must add that this is from 30 years ago, is to phrase it as your opinion, and to make it very clear that it is your opinion.

cit_k

JennyP wrote: »

Never sure of the difference between legal or slander.

Is it ok to talk about someone - and their business - and say what your issue is with them, as long as you don't name them?

I mean, loads of people discuss their problems with all sorts of companies on here don't they?

Basically depends who you are writing about, and how rich you are, or how prepared to lose any substantial assets you have in defending your corner if it came to it.

Some companies are rather malicious in their use of libel / slander claims, and whilst if telling the truth, if you can prove it, you should be ok in the long run, you have to remember thats only if you can afford the very costly court battle if the company plays silly.

Its all going to change anyway soon enough there is a new defamation bill being planned right now.