How Do I Know if Someone Has Defamed My Business?

If you are operating a business, one of your assets is your business’ brand. Because of this, it is important to develop and protect it from defamation. Defamation is a false statement that affects your business’ reputation. You can also categorise a defamatory statement as either libel or slander. This article will outline how to know if someone has defamed your business and what you can do about it.

What is Defamation?

Defamation law in England and Wales requires that someone makes a false statement about you or your business. This statement must result in a loss of reputation or harm to your character. Importantly, the false statement must be presented as a fact rather than a mere opinion. 

As an example, imagine that someone leaves a review of your apple-selling business that says: ‘These apples suck!’ This will not be a defamatory statement because it is only an opinion. However, imagine instead that someone leaves a review which says: ‘These apples gave me serious food poisoning and I almost died after eating them!’ In this case, this will be a defamatory statement (provided, of course, that it was not true). Indeed, if you can show in court that the statement was true, it will not amount to defamation.

Further, it is worth noting the difference between defamation, libel and slander. People often use these terms interchangeably, but they all have different meanings within the law. Defamation is the umbrella term. It refers to when a false statement is made about someone that causes a loss of reputation. On the other hand, libel and slander are both types of defamation. 

What is Libel?

Libel refers to false or defamatory statements which are written down. For example, a letter, email, text message or social media post could amount to libel. 

What is Slander?

Slander is also a false statement. However, unlike libel, this statement is spoken rather than written down. You can slander someone through a speech, but it could also be a video posted on social media. 

Therefore, you can know if someone has defamed your business if someone has made a false statement about your business. They must have presented this statement as a fact rather than an opinion.

What Should I Do if Someone Has Defamed My Business?

If you are on the receiving end of a defamatory statement, your business’ reputation is at stake. Because of this, there are a number of options available to you. These options will depend on whether people have seen the defamatory material or not.

What if Not Many People Have Seen the Defamation?

If the defamatory material has not reached a wide audience, it is usually not a good idea to bring legal proceedings. Online defamation, typically through reviews, usually falls within this category. In these scenarios, the defamatory statement is not likely to hurt your business reputation significantly. Often, bringing a legal case against a customer who has left a bad review will hurt your reputation more than it will do good. 

If the minor defamation is from a customer, the best course of action is to contact the customer and discuss the feedback. If it is clearly wrong and it is persistent, you may want to contact the website administrator.

What if Many People Have Seen the Defamation?

On the other hand, if the defamatory material has reached a wide audience, you can use legal proceedings to defend your reputation. This might be the case if a public figure has made a statement about your business. Another example is if a newspaper has put out a publication which is false. Sometimes, however, it is best to pursue alternative dispute resolution methods for privacy and financial reasons.

If you bring legal proceedings, you may get compensated for the reputational damage experienced. The court may also impose a costs order. Keep in mind, however, that the purpose of defamation laws is to protect your reputation from unjustified attacks. The main thing at stake is your business’ reputation. As a result, it may be equally productive to launch a positive marketing campaign as it is to take legal action. 

Key Takeaways

Defamation is when your business is the subject of a false statement that hurts your business’s reputation. If this happens, you may have a legal right that you can exercise against the other party. This will allow you to obtain compensation to make up for the loss of reputation. Finally, if your brand has been damaged by a defamatory statement, it is also usually a good idea to reconsider your marketing strategy. By doing this, you can likely make up for the loss of reputation that you have suffered. If you suspect you may have a defamation issue, our experienced disputes lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today at 0808 196 8584 or visit our membership page.

Frequently Asked Questions