What is the line between freedom of speech and the making of defamatory comments?

Defamation – A Case Study

In a world that is constantly developing with technology, communication and connectivity, the issues in turn are also developing. What is the line between freedom of speech and the making of defamatory comments?

Freedom of Speech

Freedom of speech is a fundamental right of individuals in any democratic society which allows people to voice their opinion. As the world becomes more connected, in particular through social media, people all over the world now have a platform to share their views overtly. However, freedom of speech is not an absolute right that is available to all without consequences

What is Defamation Law?

Defamation law is the area of law that relates to communications about the reputation of another person. The law of defamation is an attempt to balance the inherent right to protect one’s reputation with the public right to freedom of speech.

The purpose of the area of law is to protect people from having their lives and livelihoods ruined or significantly altered because of untrue statements against them.

The official government statistics revealed there were 156 defamation claims raised before the Royal Courts of Justice in 2017, up from 112 in 2016. The number of recorded cases was the highest since 2014, when 227 defamation claims reached the courts.

Case Study

An example of a defamation case that this firm has acted on is set out below:

Bee-One UK Ltd v Shajan Skariah (2018)

Facts

The Claimant, who was represented by this firm, and the Defendant were part of the Malayalee community; a community which originates in South India.

This was an action for libel (publication of defamatory material that adversely affects a person’s reputation) bought by Bee-One UK Ltd, a company that provides services for individuals wanting to emigrate to Canada, against the Defendant, who was the owner, operator and chief editor of a website self-proclaimed as ‘the comprehensive news portal for the UK Malayalee community’, for publishing 6 articles within the UK about the Claimant.

The Claimant alleged that the allegations made by the Defendant in the publication of the 6 articles, which included that the Claimant operated a fraudulent business, were spurious and caused inevitable serious harm to its trading reputation and caused significant financial loss.

The Defendant’s position was that he was exercising his right to freedom of speech in order to report on a story.

Held

Not only was the Claimant awarded substantial damages and was therefore successful in their libel claim, this was one of the rare cases (and we understand the first case) in England where a Master (a High Court Judge dealing with procedure) ordered the Defendant, pursuant to section 12 of the Defamation Act 2013, to publish a summary of the Court’s judgement on the Defendant’s website.

Comment

There is a fine line between freedom of speech and defamation of character. However, statements which are intended to/have the consequence of harming the recipient financially in order to cause serious harm and reputational damage, will cross the line from freedom of speech to being defamatory and will therefore be actionable in law

Principle Author Amrinder Aulakh – Trainee Solicitor

Contributed to by John P. Spyrou – Director

Pinder Reaux Solicitors

Business Services News

Read Next

View all

Testimonials

What people say

"We shall, no doubt, be engaging you again soon"

"The matter was concluded very successfully and I’d like to thank John and Wilson again for their helpful and highly professional work earlier this year."

Alex Bailey, Trichromic LLP'

"Great Source of Support"

"You have essentially achieved what we had set out to do. Thank you for all of your assistance in this matter. Throughout this ordeal, you have been a great source of support."

Mary Anne Poutanen, Canada

"I could not have chosen a better firm to represent me."

"You provided the key essentials (and more) for client satisfaction. I am extremely pleased with the services provided by your company and the legal team provided for me. To also turnaround my situation making it a positive outcome, I could not have chosen a better firm to represent me."

Marvyn Smith, London

"I would recomend this service to anyone who has a legal matter"

"I'm so glad I had this advice before my CMD. I was very much prepared and think my company (whom I'm taking to a tribunal) were shocked at my knowledge. I would recommend this service to anyone who has a legal matter."

Jacqueline Stevenson, Bristol

"Can’t wait for another session!"

"John Spyrou kindly offered to provide our publishing firm with an update on libel and defamation law. Those who attended - a mix of veteran editors and those new to the world of journalism - all said how practical and useful they found the training – and now can’t wait for another session!"

Paul Snell, Redactive Media Group

"Highly recommended"

"Alana & Pinder Reaux’s level of service has been exceptionally high. Always keen to help out with the work in an efficient manner. Highly recommended."

Trading Point of Financial Instruments UK Ltd

"Fast and Reliable"

"Fast and reliable notary service for notarisation/legalisation of College reports for foreign office and embassies."

Student Services Department, CATS College London

"One step ahead of the opposition"

"'John Spyrou has the ability to pre-empt arguments and see issues before they arise, thereby allowing him to be one step ahead of the opposition’"

Christopher Bovey, Angelbird Technologies GmbH

"Successful conclusion"

"Dear Rupinder & Alex, I would like to express my sincere gratitude for all the hard work and support throughout the long legal battle to bring my case to a successful conclusion. I shall always be indebted to your kind assistance. Yours gratefully,"

Margaret Klinska

"One step ahead of the opposition"

"John Spyrou has the ability to pre-empt arguments and see issues before they arise, thereby allowing him to be one step ahead of the opposition"

Christopher Bovey

"Highly recommended"

"Alana & Pinder Reaux’s level of service has been exceptionally high. Always keen to help out with the work in an efficient manner. Highly recommended."

Trading Point of Financial Instruments UK Ltd

"Can’t wait for another session!"

"John Spyrou kindly offered to provide our publishing firm with an update on libel and defamation law.

The presentation he delivered was both interesting and informative, and he brought real credibility to the subject with his detailed knowledge and examples from real life cases.

Those who attended - a mix of veteran editors and those new to the world of journalism - all said how practical and useful they found the training – and now can’t wait for another session!"

Paul Snell, Redactive Media Group

"I would recomend this service to anyone who has a legal matter"

"I'm so glad I had this advice before my CMD. I was very much prepared and think my company (whom I'm taking to a tribunal) were shocked at my knowledge. I would recommend this service to anyone who has a legal matter."

Jacqueline Stevenson

"I could not have chosen a better firm to represent me."

"You provided the key essentials (and more) for client satisfaction. I am extremely pleased with the services provided by your company and the legal team provided for me. To also turnaround my situation making it a positive outcome, I could not have chosen a better firm to represent me."

Marvyn Smith

"Great Source of Support"

"You have essentially achieved what we had set out to do. Thank you for all of your assistance in this matter. Throughout this ordeal, you have been a great source of support."

Mary Anne Poutanen

"We shall, no doubt, be engaging you again soon"

"The matter was concluded very successfully and I’d like to thank John and Wilson again for their helpful and highly professional work earlier this year."

Alex Bailey

"Fast and Reliable"

"Fast and reliable notary service for notarisation/legalisation of College reports for foreign office and embassies."

Student Services Department

"Above Expectations"

"May I take this opportunity to give you and your firm a big thanks for the services I received through Mr John Spyrou, which is above all our expectations."

Halim Salama

"Excellent legal advice"

"Many thanks for your enormous help in settling this unpleasant matter. As a father of 4 young children at a private school in South London I was horrified to learn that another parent (a mother) at the school had made highly-insulting and defamatory comments about me and my children on Facebook, all due to what my 6-year old daughter had said at school to her 9-year old son. Whilst my little daughter should not have called him names, for which she was reprimanded and also she apologised, the mother's "Facebook attack" on me personally and also on my 4 little children was abhorrent and totally out of proportion, and was posted for her 300 "Facebook friends" to see which included a significant number of other parents at the school. Pinder Reaux were able to give me excellent legal advice such that, whilst the matter did not need to go to court, it helped me to a satisfactory outcome which involved a full apology by the other parent on Facebook and also an emailed apology to me copied to numerous parents at the school.

Thanks you once again,"

Rob

"Delighted!"

"Dear Alex and Rupinder

I have a sore head today, I was so happy with yesterday’s result, I celebrated with my friends.

Just want to pass on my huge thanks for your total success for my case. You stuck with it, you didn`t trouble me with issues that you didn't need to, you pushed them into the corner I wanted them in and we won! The result was better than I expected, I am ecstatic!

Please pass my thanks and delight on to Richard, who didn`t back down at all.

Top team there!

My very best wishes from a very happy customer!"

Jo

"They answered my concerns in a way which I was able to easily understand."

" searched the internet for a solicitors to cater our queries and I was surprised to find out that they are providing the service which I am looking for.
The receptionist who received my call and connected to the right person, has a good manner and very polite.

And as for the team who were handling the case, they answered my concerns with very detailed information and in a way which I was able to easily understand."

Ferdinand Cordero

"You were always there to answer any questions"

"I just wanted to say thanks for the help you have given me. You were always there to answer any questions I bombarded you with on the phone and on email. I will be sure to recommend you"

Christopher Sleet

"Felt very relieved with the outcome."

"My interest in your firm was significantly strengthened after visiting with yourself and felt very relieved with the outcome."

Jermain Smith

"Rupinder Bains’ advice seemed excellent and practical."

"Mrs Bains’ advice seemed excellent and practical. The solicitors I had been using (highly respected Nottingham family law firm) were of the opinion that it was pointless challenging a factually incorrect (and demonstrably so) Sect 7 report. Mrs Bains’ advice differed and as a result I filed a statement outlining the errors. Still don’t know whether this helped or hindered my case but am glad the errors are ‘on record
Clear and no-nonsense approach

I was satisfied with the clear and no-nonsense approach, and generosity with time and effort. I was pleasantly surprised and will be happy to recommend your company to friends and family"

Ian Willett

"The advice was direct and for my benefit"

"A refreshing and frank meeting, the advice was direct and for my benefit. Thank you very much we shall be using you in the future."

Rhonda Kneller

"I felt your advice to me was good"

"Like all solicitors, you are expensive. In the past I could have afforded your services but having fallen on hard times, it is not possible. It is a shame because I felt your advice to me was good and you would be able to help me. C’est la vie"

Paul Phelan

"I believe the information helped me to save money"

"I was surprised that your colleague informed me that you could accept my case and take my money, but I would be no further forward and I had little if no chance to win my case. I was told to try and get the case finished as soon as possible and I was given some invaluable advice, I used the advice and although I lost my case….I believe the information helped me to save money in the long run. So I would and will use your firm in the future and would and have already told many of my friends and work colleagues about you."

Mark Colbourne

"Excellent service – on both occassions."

"I was pleasantly surprised with the value I received. Excellent service – on both occasions. I will be happy to recommend you to my friends and family."

Barbara Anne

"Swiftly executed"

"I was very happy with the service provided, professional and swiftly executed. Thank you"

Elizabeth Jonas

"The frank advice we received helped to reassure us"

"At our initial meeting, we were pleasantly surprised to meet with two of your solicitors and we liked their friendly manner. The frank advice we received helped to reassure us that we were not in the wrong, and that, if any further action was required, it would be dealt with appropriately. Thank you for your advice and support."

R.A.S

"Care more about their clients rather than own pockets"

"Once again thank you for all your advice. I could not stop raving about you to my partner as it is not often that you come across a solicitor who care more about their clients rather than their own pockets so thank you again."

Suresh Shan

"It’s handy being able to get advice by phone rather than an appointment face to face"

"Whilst I had a good idea of my legal position already, I needed to check for sure.
You gave me total reassurance and confidence. I had booked an hour but had an in depth answer within half an hour.

It’s handy being able to get advice by phone rather than an appointment face to face. Other solicitors seemed more interested in their fee than my inquiry"

"A triumphant result"

"Huge thank you to Rupinder, John and our man on the day, Peter for a triumphant result today! Thank you all."

Nicola Grace

"You do what it says on the box!"

"I am so pleased that I instructed you, you provided clarity, you communicated with me at all times and …You do what it says on the box!!!"

Martin

"You Are The Best!"

"I would like to sincerely thank you for all of your time and work in handling my case. I really cannot thank you enough for handling matters on my behalf so swiftly and accurately.

It really was such a weight off my mind to know you were there negotiating on my behalf. Should I need anything further in the future, I will be sure to be in touch again and will obviously recommend you should anyone ask me for an excellent solicitor! You are the best!"

Caroline Bradley

"You Are The Best!"

"The service I received has been outstanding and the fact that I found this company online just when I was experiencing one of the most challenging times in my life was by sheer luck.

It is exactly what it says on the tin — honest, direct, straight forward and very strategic. The results they achieved for me were outstanding and I will be eternally grateful to the people who handled my case and in particular to John and Peter."

Cirillo Ragasa

"We are as delighted as many of your other entrepreneurial clients to give you this testimonial. Many thanks."

"Alternative Solutions has worked closely with Rupinder and John on a number of occasions and have always found them to be incredibly professional and conscientious at all times with the very best interests of their clients of paramount importance.
We have worked with a lot of solicitors and have found this firm completely different in that staff there are always friendly and approachable and that they try to seek solutions where other solicitors may have felt they had reached the end of the road in an investigation.

I would not hesitate to recommend them to any potential clients"

Gina Negus

"I Would Have No Hesitation in Recommending This Firm"

"I would like to take this opportunity to thank you for your hard work and professionalism.
The standard of your work and the support was most impressive especially guiding us through new legislative territory regarding a personnel issue.

I would have no hesitation in recommending this firm and you have my assurance that we will, use your company for future support and advice.

I wish you every success.

Many thanks."

Caroline Theodorou

"I Can Think Of No Other Lawyer I Would Rather Have On My Side"

"One thing my solicitor was most concerned about was whether or not I needed a lawyer or whether with a little guidance, it was a case I could resolve to my satisfaction without paying him a fee!
That was a refreshing change in any business, especially in these economic times.

To have a lawyer (or any service provider) to be more concerned about helping resolve my issue than his fee, was almost unbelievable.

If you are looking for a knowledgeable, ethical and intelligent lawyer whose focus is you and your situation, that is more concerned with helping than he is getting paid, I can think of no other lawyer I would rather have on my side."

Simon Bradbury

"You have really made such a difference"

"Thank you very much for your intervention, sorry I was so anxious. You have really made such a difference to this situation.
Regards,"

Sharon Russell

"I was extremely worried that in a divorce case money would just be swallowed but it was strategically spent as promised in a worthwhile to the point way with no wastage."

"In difficult circumstances and in an unknown territory to me I found all your staff reassuring, highly competent and efficient.
I was extremely worried that in a divorce case money would just be swallowed but it was strategically spent as promised in a worthwhile to the point way with no wastage.

I have achieved exactly the result that I wished for thanks to you all. I personally highly recommend your firm.

It is also worth noting that I was never going to be one of your more lucrative customers but that made absolutely no difference to the service and expertise I received. So thanks."

Debbie Springham

"I am glad I made that one phone call to you"

"I want to thank you for bringing my ancillary relief matter to a close.
I felt instant confidence in you, because, unlike my previous lawyer, you took the time to listen to me and then acted to minimise my greatest concerns. Stephen’s spreadsheet was a stroke of genius.
I am glad I made that one phone call to you and I will actively recommend you to anyone who is looking for a decent divorce lawyer.

Thanks again"

Dr Krys Williams

"Keeping me positively focussed made proceedings much easier to manage and deal with"

"I want to thank everyone at the firm that I have engaged with during these past 13 months, for ALL the professional and emotional support and advice given to me throughout.
You have all played such a significant part in keeping me positively focussed that made proceedings much easier to manage and deal with.

Whilst divorce is never easy at the best of times and mine certainly did not fall into that category, so many positives have come out of it including re-discovering myself again but even more importantly I truly feel I have made some great and hopefully long-lasting friendships with yourself which I don’t believe happens that often.

I look forward to nurturing this friendship."

"A massive differentiator."

"I will never underestimate the value of your responsiveness and kind words of support during this time.
I have had stressful jobs but nothing has prepared me for the stress of divorce, nothing.

You have really helped me over the last year, I hope that that part of your service never changes, it is a massive differentiator."

"A very very good start to a very happy year…."

"I have just received a package by courier and just wanted to say thank you very much for the chocolates – a nice surprise and very much appreciated.
I will have to limit to one or two a day as my clothes are already feeling slightly smaller than there were.

My sincere thanks for your patience and support through my divorce which as it turned out to be a very very good start to a very happy year.

Many thanks again – wishing you all the very best. With thanks,"

Tara

"When I felt like I was pulling my hair out, you always made me realise we could sort it out!"

"I really do appreciate everything you did throughout the process with the divorce. Everything I said below is true, you really do make each client feel like they are the only client on your books.
It was a long battle and when I felt like I was pulling my hair out, you always made me realise we could sort it out! You have been professional, helpful and understanding at all times.

Thanks once again and I would definitely use you again in the future for any legal requirements I had.

I will recommend your firm to friends and family in the future as a company who makes each client feel like they are the only client."

Jane Phillips, PA to Tony Wright

"I am very pleased"

"You explained my options to me at what was a very difficult time for me and you put me at great ease.
I am very pleased to thank you and hope that you long continue your good work as solicitors.

Thank you again and best wishes."

Mrs L Williams

"I would recommend your company to all right minded people who are new to divorce and are maybe thus scared or unsure."

"I found the solicitor I spoke to excellent because she listened FIRST!!.
She appeared to have time for me which i was not expecting from a solicitor…. Her advice was great and she did not scare me into any action which invloved giving money to her firm.

She came across as pro marriage with a divorce as a last resort which I believe is the right approach. She was very professional and friendly.

I would recommend your company to all right minded people who are new the divorce and are maybe thus scared or unsure.

Many many thanks"

"It really has been great to deal with Pinder Reaux"

"Thank you Jason and Rupinder so much for your time and knowledge on this case, it really has been great to deal with Pinder Reaux and we would not hesitate to contact you in the future, should we ever require your services again – business or personal."

Sam & Eddie

"Just few words to express how much grateful I feel."

"Mr Spyrou and his team have been to me all (and more) you would expect from an ideal solicitor: understanding, professional, supportive and, above all, incredibly efficient.

I really felt in good hands right from the first meeting we had.

Indeed, outstanding service that I would not hesitate to recommend to anybody in the need of winning lawyers on their side.

I will be forever indebted.

Thank you again."

Dr. G. Bozzetti

"It really has been great to deal with Pinder Reaux"

"Thanks to all at Pinder Reaux, in particular John Spyrou, who really explained the issues, and simplified them to show me that there really was a way out. Their clear understanding paved the way for my matter to be satisfied to my satisfaction."

John Swann

"Concluded with judgement in our favour!"

"The Board is grateful to Pinder Reaux for representing us, in an unusual but successful action for Passing Off. It was a long drawn out affair but concluded with judgement in our favour. Throughout we were sustained by the competent advice and energy of our solicitor John Spyrou and we are most grateful to him and the firm."

"John gave us hope during a very stressful time."

"From the moment John picked up our case he gave us hope during a very stressful time. Over a period of three months, John worked with us every step of the way providing reassurance, empathy, drive and energy to our case. John and his team, in particular, Olivia, not only successfully delivered for us but treated us with kindness and became like friends to us. We could not recommend them highly enough. Thank you so much for everything."

Angela Kimberley (Business and Human Resources Specialist)