R5- Defamation

Defamation is basically causing injury to the reputation of a person or a company using false statements or actions. It can be also described as an attack on the reputation of a person or company by someone who is not in favour that person or company and so wanted to float some negative message in the society or market. When any sort of defamation is done using internet then it is called Cyber Defamation.

The defamation law allows individuals, groups of individuals, companies or firms to sue if there is damage to their reputation. You can defame someone by publishing material in various forms and people can sue if the material can be reasonably recognised to be referring to them. A few changes have been made by the Defamation Act 2013 which came into force in England and Wales on 1 January 2014.

The law of defamation allows individuals, companies or firms (‘claimants’) to sue for damage to their reputation caused by material that is published and which makes defamatory comments about them. Something is defamatory if it:

• Lowers them in the estimation of right-thinking members of the public; and/or
• Causes them to be shunned or avoided; and/or
• Disparages them in their office, trade or profession; and/or
• Exposes them to hatred ridicule or contempt.

Some changes have been made by the Defamation Act 2013 which came into effect in England and Wales on 1 January 2014. Under the new law claimants have to show that the publication has caused, or is likely to cause, ‘serious harm’ to their reputation.
If the claimant is a body that trades for profit, such as a company, serious harm is defined as ‘serious financial loss’.
It is up to the courts to decide how they interpret “serious harm” in individual cases.

Publication
You can defame someone by publishing material in various forms. These include:

• Via newspapers or other printed media
• Broadcasting on radio and TV
• On the web - including online forums, social media and micro-blogging sites
• By email.

You also risk defaming someone if you repeat defamatory comments previously made or published by others - for example, quoting a defamatory newspaper story about them in an interview or blog.
A claimant would need to show that the defamatory material can be reasonably understood to refer to them - even if they are not named specifically.
Defences 
Some of the defences have been amended by the latest legislation. The main ones are:

• Truth - the publisher must  prove the comments are true
• Honest opinion - the opinion must be genuinely held and based on fact
• Privilege - the scope of this defence has been extended
• Publication in the public interest - a new defence. 

To find out more visit:
http://www.bbc.co.uk/academy/journalism/article/art20130702112133651