Proving Serious Harm in Libel Claims

Proving that serious harm has been caused to your reputation is one of the key ingredients of bringing a successful claim for libel or slander. There are various ways in which this can be achieved. 

Libel and slander are the publication of false statements that damage an individual's reputation. Libel is  untrue statements which are made in a permanent form (usually written) and slander is untrue statements which are made in a non-permanent form (usually spoken). Together, libel and slander are known as defamation. 

In England, significant changes to the law in this area were introduced with the Defamation Act 2013, which established a critical "serious harm" requirement as a threshold for claimants who wanted to pursue libel and slander claims.

Prior to this requirement, claims could be brought without a claimant demonstrating that they had suffered harm to their reputation, which in some cases mean legitimate free speech was suppressed by the threat of defamation claims. 

Untrue statements are now only actionable if they have caused or are likely to cause serious harm to the claimant's reputation. Claimants must therefore demonstrate that the defamatory statement has had a tangible negative impact on their reputation, in real life.

 

Examples of Serious Harm in Libel and Slander Cases

Evidence of serious harm could be: 

• suffering a financial loss, maybe because you have lost your job;
• being thrown out of a club or society;
• damage to personal relationships, with friends of family; or
• a decline in professional opportunities which are available to you.

 

How is Serious Harm Measured?

When evaluating whether a defamatory statement has caused serious harm, courts consider several factors, including:

• The nature of the untrue statement which has been made: The content and context of the statement are crucial. Allegations of criminal behaviour or unethical conduct are likely to be viewed as causing more serious harm to someone's reputation;
• The extent of publication of the untrue statement: The number of people who have become aware of an untrue statement will often reflect the degree of harm caused to a claimants reputation. Wider dissemination through traditional or online media outlets or social media can amplify the damage caused;
• The Claimant's status: The public profile, profession, and standing of the claimant are relevant to the extent of harm caused. Public figures can often face a higher bar for proving serious harm due to the  public having a legitimate interest in their actions.
• Audience response: Evidence of how the audience reacted to the untrue statement can be very persuasive when you are trying to prove serious harm has been caused to your reputation.

 

What does Serious Harm mean for Claimants and Defendants

The introduction of the serious harm element has significant implications for both claimants and defendants in defamation cases:

For claimants, the requirement to prove serious harm means they need to gather substantial evidence to prove  that serious harm has been caused, which can involve complex investigations. The evidence needs to demonstrate the tangible negative consequences of the defamatory statements.

For defendants, the serious harm threshold provides an additional way in which a claim can be attacked. Defendants who can argue that the untrue statement does not meet the serious harm threshold, can potentially  get claims against them dismissed by the court at an early stage.

 

Get Legal Help to Prove Serious Harm

Understanding the requirement to prove serious harm in a defamation claim, is crucial for anyone navigating the complexities of these types of cases, whether as a claimant or a defendant.

At Samuels Solicitors, we have a wealth of experience in bringing and defending libel claims for our clients. If you have suffered because someone has published defamatory statements about you, you may be able to bring a claim for compensation, if you can prove that you have suffered serious harm. 

Contact us today for a no obligation, free initial discussion about how we can help.