09/01/2025

You’d be forgiven for thinking that defamation claims are reserved for celebrities.

The ‘Wagatha Christie’ case between Rebekah Vardy and Coleen Rooney attracted significant media attention. The Depp-Heard trial saw different outcomes from the courts in the UK and USA which raised questions over the justice systems in each country.

There is a danger that these high-profile celebrity cases, leave the rest of us feeling that there is no realistic course of action that we can take if we are defamed through untrue and harmful allegations.

However, this is not true. I see many clients who find themselves in just this position, often as a result of damaging allegations being made against them on social media

What is defamation?

Defamation is the publishing of a statement (either verbally, which is known as slander, or in writing, which is known as libel) which lowers the individual or the company in the estimation of right-thinking members of society. This includes statements made across social media platforms and within large WhatsApp groups

Importantly, a statement cannot be defamatory if it has not caused or is not likely to cause serious harm to the reputation of the claimant. In the case of a company, it must be shown that the company has suffered serious financial harm as a result of the statement.

Defences in defamation may be based on truth, public interest, privilege or honest opinion.

Social media and defamation

The prevalence of social media nowadays has seen the wider public (beyond traditional journalists) having the opportunity to comment on the lives of others.

Many people find themselves having been wrongly accused of something publicly or having labels incorrectly attached to them which have serious ramifications to their work or home life.

Sometimes, in such instances, a claim in defamation may be an avenue to explore.

Is it defamation if someone bad mouths you on social media?

Social media posts can constitute libel if they are untrue, cause serious harm to the reputation of the person the allegations are about and when none of the defamation defences apply.

Is it worth suing for defamation?

Many defamation cases can be resolved prior to the commencement of proceedings. This is usually in the form of a pre-action letter to the defendant demanding that they withdraw the defamatory statement, issue an apology and, possibly, pay damages.

If a satisfactory resolution is not reached by the parties, court proceedings may become necessary with a claim filed in the High Court or County Court.

However, it should be noted that defamation proceedings can be extremely expensive, so it is often in the interests of all parties to reach an amicable settlement as early as possible.

Time limit for bringing a claim

Defamation claims must be brought within one year of the statement being published, though the court may allow an extension in exceptional circumstances.

Need advice or more information?

If you believe you are the victim of defamation, Beswicks’ disputes associate Peri Mornington is able to assist. Call us on 01782 205000 or 0161 929 8494 to find out more or book an appointment.