Defamation on Social Media – All You Need to Know.

Understanding Defamation and Social Media: The Legal Perspective in England and Wales

Social media has revolutionised how we communicate, share opinions, and engage with the world.

However, with the rise of platforms like Facebook, Twitter, Instagram, and TikTok, the ease of publishing content also comes with serious legal responsibilities.

Defamation, once primarily a concern for newspapers and broadcasters, is now a risk for anyone with a social media account.

In this article, we will take a look at the legal framework surrounding defamation in England and Wales, focusing on how it applies to social media, what actions can lead to legal trouble, and the potential consequences for individuals.

What is Defamation?

Defamation is the act of making a false statement about someone that harms their reputation. Under the law in England and Wales, defamation is divided into two categories:

1. Libel: Written or published defamatory statements, including social media posts, blog articles, and even online reviews.
2. Slander: Spoken defamatory statements, typically less relevant in the context of social media.

The legal framework for defamation is primarily governed by the Defamation Act 2013. According to the Act, for a statement to be considered defamatory, it must:

• Be false;
• Be published to a third party (e.g., shared on social media);
• Cause or be likely to cause serious harm to the reputation of the claimant.

For businesses, the statement must cause or be likely to cause serious financial loss.

Social Media and Defamation: A Legal Minefield

Social media platforms make it easy to express opinions or share information, often with little thought about the legal implications.

However, posts, comments, tweets, or videos can quickly become the subject of defamation claims if they include untrue statements that damage someone’s reputation.

Common Scenarios Leading to Defamation Claims on Social Media

1. False Accusations: Posting unsubstantiated allegations about someone, such as accusing them of a crime they did not commit.
2. Character Attacks: Sharing content that insults someone’s character, professionalism, or personal life without evidence.
3. Sharing Defamatory Content: Retweeting, sharing, or liking a defamatory post can sometimes be considered republication, potentially exposing the individual to liability.
4. Public Shaming: Participating in or initiating online campaigns to discredit or humiliate someone.
5. Misidentification: Incorrectly naming someone in a defamatory context, such as misidentifying an individual in a viral post about misconduct.

Legal Defences Against Defamation Claims

If accused of defamation, individuals may rely on specific legal defences under the Defamation Act 2013. These include:

• Truth: Proving that the statement is substantially true.
• Honest Opinion: Showing that the statement was a genuine opinion based on facts that existed at the time.
• Public Interest: Demonstrating that the publication was in the public interest.
• Privilege: Certain types of statements, such as those made in parliamentary proceedings or court, are protected by absolute or qualified privilege.

Implications of Defamation on Social Media

The consequences of posting defamatory content on social media can be severe. Legal action can result in:

1. Financial Penalties: Damages awarded in defamation cases can range from thousands to millions of pounds, depending on the harm caused.
2. Legal Costs: Even if a case does not result in damages, defending a defamation claim can incur significant legal costs.
3. Reputation Damage: Ironically, being involved in a defamation case can harm an individual’s reputation further, especially if the case garners media attention.
4. Criminal Liability: While defamation is primarily a civil matter, malicious communications or harassment on social media could lead to criminal charges under laws like the Malicious Communications Act 1988 or the Communications Act 2003.

How Social Media Users Get Into Trouble

Understanding how defamation laws apply to social media is crucial to avoiding legal pitfalls. Here are some common mistakes that can lead to trouble:

1. Failing to Verify Information: Sharing unverified or false information, particularly during heated debates or viral trends.
2. Engaging in Online Trolling: Persistent harassment or abusive behaviour can cross the line into defamation or criminal harassment.
3. Ignoring Privacy Settings: Posting defamatory content in public forums or without restricting the audience increases exposure and the likelihood of legal action.
4. Neglecting the Global Nature of Social Media: Statements made online can reach audiences worldwide, potentially exposing users to legal claims in multiple jurisdictions.
5. Deleting Evidence: Attempting to remove or alter defamatory posts can be seen as an admission of guilt and may complicate legal proceedings.

Preventing Defamation on Social Media

To minimise the risk of defamation claims, social media users should adopt the following practices:

1. Think Before Posting: Reflect on whether the content could harm someone’s reputation or be perceived as defamatory.
2. Verify Facts: Ensure that any statements made about others are accurate and supported by evidence.
3. Respect Opinions: Avoid making personal attacks or unfounded allegations, even during disagreements.
4. Use Privacy Settings Wisely: Limit the audience for potentially sensitive content and avoid sharing controversial opinions in public forums.
5. Seek Legal Advice: If in doubt about whether a post could be defamatory, consult a solicitor before publishing.

Legal Support for Defamation Cases

If you find yourself facing a defamation claim or believe you have been defamed on social media, seeking expert legal advice is essential. A criminal defence solicitor can:

• Assess the merits of the case;
• Advise on potential defences;
• Represent you in negotiations or court proceedings.

Equally, if you are a victim of defamation, a solicitor can help you pursue justice by initiating a claim and seeking damages.

The Broader Implications of Defamation in the Digital Age

The increasing prevalence of defamation cases linked to social media reflects the broader challenges of regulating online behaviour.

While platforms have introduced measures to combat misinformation and abuse, individual users remain legally accountable for their actions.

Understanding the legal framework is not just about avoiding lawsuits; it is about fostering a culture of accountability and respect in online spaces.

Conclusion

Social media offers incredible opportunities for expression and connection, but it also carries significant legal responsibilities.

Defamation laws in England and Wales are clear: making false and harmful statements about others, whether in a tweet, comment, or post, can have serious consequences.

By understanding the law and practising responsible online behaviour, users can navigate the digital landscape without falling foul of defamation claims.

Get in Touch

If you have any questions or concerns regarding defamation online – or any other criminal acts regarding social media use, please feel free to contact us on 0161 477 1121 or email us for more information.