Suing for Defamation of Character
When your business is a victim of slander or libel, it is likely that you will have grounds to sue on the basis of defamation. To do this, there are 3 stages to the process of suing for defamation of character. The first is to prove that the defamatory content was intentionally made public and is false, next to write a formal complaint, then to seek legal help from solicitors specialising in internet law.
#1 When suing for defamation of character you must determine whether you have a case
To know whether you have a case, you must analyse the initial defamatory statement to decide whether it falls into the category of slander (verbal) or libel (written). Libel provides you with a better case when suing for defamation of character because it is considered to cause problems for a longer period due to the written format.
The next thing to determine is whether you are able to prove that a third party witnessed the offensive content. If the content was “published” then you will have a greater case when suing for deformation of character.
You must be able to prove that the statement given against you is false. If it damages your reputation, but is true, then you have no grounds to suing for defamation of character. Content which is simply an opinion, with no factual grounding, is not considered defamatory because it is subjective.
Suing for defamation of character also demands that you are able to produce evidence of how the statement was damaging to you – for example if you have lost work, been harassed or treated differently because of it.
#2 Seek legal help from internet defamation lawyers when suing for defamation of character
Suing for defamation of character can be difficult, so it is important to seek the advice of experienced lawyers specialising in internet law. You will need to provide your lawyer with documents including printed copies of the defamatory content, an account of the situation and circumstances surrounding the defamatory statement, written third-party witness statements, proof that the statement is false and consequences that have occurred due to the defamatory content.
Your internet defamation lawyers will be able to help you to fill out a defamation complaint form, where you will need to provide details such as the name and address of the slanderer, a case summary, and information about the damages you are seeking. When suing for defamation of character, you should get your lawyer to review the complaint to ensure that it is filed properly and best serves your case.
#3 The final stage of suing for defamation of character is deciding whether to go to court
With the help of experienced internet lawyers you may be able to negotiate a settlement with the defendant and avoid going to court. If you are happy with a settlement for damages, this could be of benefit to you, however your lawyer will be able to help you decide what the best option to suit you is.
If you would like to know more about how Pinder Reaux’s team of experienced internet lawyers can help you with your case, call free today on 020 8252 7373