Defamation, Libel and Slander

Defamation is when a false statement is made about a person or an organisation and it harms their reputation. It is against the law, so a media producer who publishes untrue content about someone can be taken to court. A statement only counts as defamation if it is false as well as damaging. Saying something unkind but true, or something negative that is clearly an opinion, is not defamation.

Defamation comes in two forms, depending on how the statement is made.

Libel is written or published defamation, so it is in a permanent form that can be seen again and again. Libel also covers material sent or posted online, such as a monthly email newsletter or the text on a web page. Libel is the bigger worry for media companies, because whatever they release stays in a form that people can save, screenshot or read again later.

Defamation can apply to businesses as well as to individuals. For example, an advert in a free local newspaper that wrongly claims a family-run bakery uses out-of-date ingredients could harm the bakery's reputation and lose it customers, so the bakery could take action.

To avoid defamation, media producers must check that what they publish is accurate and not false. This means verifying facts with a reliable source, keeping evidence such as recordings or emails, and taking care with wording so a true fact is not twisted into an untrue claim. If a producer is unsure whether something is true, it is safer to leave it out.