A legal expert has shared his knowledge of the law of defamation to highlight what you can and can’t say on social media in the wake of the £3million “Wagatha Christie” trial.
It began with Colleen Rooney’s infamous “It’s… Rebecca’s Vardy’s account” tweet which sparked a war of words with her fellow WAG over the alleged leaking of private stories to the press. It led to Vardy bringing a defamation case against the wife of former Manchester United and England captain Wayne, reports WalesOnline.
Here David Whelan of CEL Solicitors explains how the law works when you’re posting online. “Defamation is an umbrella term for libel and slander," he said. "Libel is a permanent statement, for example something printed in a newspaper or on social media.
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"Slander is when someone talks about someone in a defamatory way. For example, if you were at a dinner party and made a comment about someone that was defamatory.”
Defamation is judged by whether, in the mind of a “reasonable person”, it could impact the claimant’s everyday life. This could mean loss of reputation, employment or, as in the Wagatha Christie case, business opportunities such as sponsorship deals.
Mr Whelan said: “For a statement to be defamatory it needs to be unfair, untrue or likely to harm the reputation or character of an individual.” Social media provides a platform for users to share their thoughts and join discussions on a range of topics. But this is where people can get caught out.
“Something said in a comments section or on a YouTube video is permanent,” said Mr Whelan. “Even if it’s deleted, a copy will still be somewhere. For the average person, it’s unlikely that online comments – even if defamatory – would be pursued through legal channels.
“It’s improbable that a business would pursue an individual consumer for a statement they’ve made as there would not be much to gain. But if a competitor has defamed the business there is a much bigger chance that the victim would bring a libel case against them.”
UK law enables Freedom of Expression as a human right, but this does not always make a viable defence. Mr Whelan explained: “The Freedom of Speech defence can be used if you can prove it was your honest opinion, or prove that what you’re saying is completely true.”
But just because it’s unlikely you would be accused of libel, it doesn’t mean everyone can say what they want online. And Mr Whelan explained there is guidance to follow to ensure you’re not committing an offence.
He said: “You need to make sure you leave no room for ambiguity or interpretation. If it is your honest opinion, make this abundantly clear. And if it’s a fact that you’re sharing online, ensure you have the evidence to prove this.”
Not only could a defamation case be brought against you, but if you commit libel or slander while representing your employer your whole organisation could be at risk. And business owners need also to be aware of what their employees are posting online, when speaking on their behalf.
But there is some protection in terms of time, as anyone wanting to bring a case against someone needs to act fast.Mr Whelan said: “Victims of defamation have 12 months from the date of publication to start court proceedings.”
CEL Solicitors, based in Liverpool, specialises in civil litigation including data breach and fraud claims, housing disrepair and financial mis-selling.
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