Defamation and Injurious Falsehood

Reputation is everything for both business and employees. Unfortunately, parties may rashly call your reputation into disrepute when a business or workplace conflict occurs. In that event, it is crucial to know and enforce your rights to protect your reputation. There are generally two legal solutions one can take to protect their reputation, actions for defamation or injurious falsehood.

Defamation

Defamation law protects important values, specifically protecting the reputation of you or your business, while also protecting an individual’s freedom of expression. There are two types of defamation:  libel, which is defamation through written words, and slander, which is defamation through spoken words. In the age of the internet, defamation has become more common, as individuals have broad means to disseminate their opinions.

Defamation is a written or spoken statement made by a third party that is false and damaging to a person, company, or organization’s reputation, finances, or well-being. To prove defamation, the plaintiff must first demonstrate:

  • That the communication lowered the plaintiff’s reputation;
  • That the communication referred to the plaintiff; and
  • That the communication was communicated to at least one other person.

The foregoing test is generally not difficult to establish. However, the defendant has the following defence available to them:

  • Truth: if the person who made the statement proves that it was true, the defamation claim will fail;
  • Fair comment: if the person who made the statement demonstrates that the statement was of public interest and is based on known and provable facts, the defamation claim will fail;
  • Privilege: if the person who made the statement can prove the statement was privileged, the defamation claim will fail.

Injurious Falsehood

An action for injurious falsehood is when false statements, either in writing or spoken, are communicated, that adversely impact the plaintiff’s business or property. The statement must be intended to persuade individuals to not deal with the plaintiff.

To establish the tort of injurious falsehood, the plaintiff must demonstrate:

  • The published statements about the plaintiff’s business or property must be untrue;
  • They must be malicious, meaning without just cause or excuse; and
  • The plaintiff must prove actual damages as a result of the statement.

Reputation is everything to you and your business. We are here to assist you protect your business.  Contact Hum Law Firm today for advice if you are dealing with individuals making harmful defamatory or slanderous statements about you or your business.