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Defamation, Privacy and Malicious Falsehood
Our solicitors understand the importance of protecting a reputation. We have considerable experience advising businesses and individuals in relation to defamation, privacy and malicious falsehood.A business or individual can seek to protect a reputation by bringing an action for defamation. Defamation occurs when there is a publication to a third party of words or matters containing an untrue imputation against a company’s or person’s reputation which undermines that reputation in the eyes of other people.
Defamation is divided into:
- libel, which is the publication of defamatory words in a permanent form (e.g. in writing), and
- slander, which is the publication of words or action is a transient form (e.g. where it is spoken).
Privacy
Privacy law has developed rapidly in recent years particularly as a result of a number of high-profile celebrity cases such as cases brought by Naomi Campbell, Michael Douglas and Catherine Zeta-Jones and Max Mosley.Where privacy actions have succeeded it has been where private information has been disclosed in breach of a duty of confidence established by a contract or a relationship of confidence or where it was the unjustified disclosure of private information.
Our expertise extends to the issues arising out of internet publication and we can help you manage these.
Malicious Falsehood
An individual or company can protect itself against untrue statements by bringing an action for malicious falsehood. In order to be successful in this action the Claimant will need to prove:- that the statement made is false, and
- that the person that made the statement did so maliciously i.e. knowingly or recklessly making a false statement without any belief (even if irrational) in its truth.
Malicious falsehood cases often have a need to understand technical subject matter.
We have achieved high profile results with regards to the problems associated with internet publication; product comparisons including comparative advertising and reputation management.
These issues have implications for the running of businesses and upon individuals’ private lives.
For expert advice regarding defamation, privacy and malicious falsehood contact:
Ian Morris, Partner
T: 0161 832 3434
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