Slander / Defamation of Character

KarisKaris Posts: 6,380
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Can you be accused of slander if you haven't actually named a person?

If you've posted online and that person has read the post but there's no way for that post to relate back to that person, can you still be sued for slander?

It seems to be a very complicated little animal but I'm pretty sure slander, etc. is when you directly (and falsely) say Mary Scrotibooger is sleeping with the gardener!

Comments

  • JasonJason Posts: 76,557
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    I'm willing to be corrected but if the post contains enough information that the person could be identified then yes, you do open yourself up for claim even though the person's name isn't mentioned.
  • StressMonkeyStressMonkey Posts: 13,347
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    Yes - if the person could be identified by anyone who knows them.

    If you said 'Someone is sleeping with their gardener' then no.

    If you said 'A certain close member of my family who grows prize winning Petunias is sleeping with their fit blond 24 year old gardener' then your Aunt Daisy, her Petunia's and her gardener could all be identified.

    However, as you say is has to be untrue, it has to cause their reputation harm and they have to have the money to launch what could be a six figure legal case for them to persue liable/slander.

    That said, perhaps you shouldn't be gossiping on line?:p:D
  • Lou KellyLou Kelly Posts: 2,778
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    It's libellous, not slanderous. Libel is written defamation whilst slander is spoken.
  • KarisKaris Posts: 6,380
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    That said, perhaps you shouldn't be gossiping on line?:p:D

    I'm not! I don't do gossip. I was asking for advice on an issue about a freelancer I had hired and whether I was in the wrong. No one was mentioned and there was no possible way for anyone to know who the freelancer was (unless they themselves made that known to the world).

    They saw the post and are now threatening me with slander. And legal action for work they have not delivered.

    /sigh :(
  • scottie2121scottie2121 Posts: 11,284
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    Why not wait to see if they start legal action. It's really not a case of 'can they' but 'will they'.

    Whether or not there is a valid legal claim will be for a court to decide.

    If they start or threaten legal action then speak to the CAB or, if there's one in your area, a local Law Centre.
  • JasonJason Posts: 76,557
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    Karis, your best bet is to leave this thread alone and seek actual legal advice from a qualified professional.

    You'll most likely get people trying to find out the specifics of what was said and how it was written which won't help you in the long run, so I'd certainly seek out a solicitor to find out once and for all where you stand. Good luck.
  • Keefy-boyKeefy-boy Posts: 13,561
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    Unless this person could be identified by someone other than themselves by reading your question, which doesn't sound like the case, there is no basis for a defamation claim. They would have to show that they had lost financially as a result, which would appear unlikely. Whilst its no doubt worrying I don't think it has legs.
  • KarisKaris Posts: 6,380
    Forum Member
    Karis, your best bet is to leave this thread alone and seek actual legal advice from a qualified professional.

    You'll most likely get people trying to find out the specifics of what was said and how it was written which won't help you in the long run, so I'd certainly seek out a solicitor to find out once and for all where you stand. Good luck.

    I know. You are right. I live in a world where it's really hard for me to get advice (or even to find people to talk to about my worries). So this has actually upset me.

    You are totally right. I should walk away from it all as it's just eating me up!

    I hate bad feeling so much.

    Thanks again. BIG love to all of you :)
  • Frankie_LittleFrankie_Little Posts: 9,271
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    Is it worth arranging a meeting with this person and trying to sort it out face to face, rather than going down the legal route?
  • AftershowAftershow Posts: 10,021
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    Defamation can be committed by way of innuendo, not just explicitly naming someone. That's a matter for a court to decide though.

    I wouldn't worry too much for the time being. Making threats about suing for defamation is something a lot of people do. When it comes to actually taking action, it's a different matter.
  • gemma-the-huskygemma-the-husky Posts: 18,116
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    Karis wrote: »
    I'm not! I don't do gossip. I was asking for advice on an issue about a freelancer I had hired and whether I was in the wrong. No one was mentioned and there was no possible way for anyone to know who the freelancer was (unless they themselves made that known to the world).

    They saw the post and are now threatening me with slander. And legal action for work they have not delivered.

    /sigh :(

    I am pretty sure if you hired someone, you are responsible as their employer for their work.

    Do you mean you were publically critical of your employee's work? In that case it is possibly obvious to anyone who knows you who, to whom you were referring. So it probably depends on whether your comments were true or not.

    You ought to get legal advice if you are concerned.
  • StressMonkeyStressMonkey Posts: 13,347
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    Karis wrote: »
    I'm not! I don't do gossip. I was asking for advice on an issue about a freelancer I had hired and whether I was in the wrong. No one was mentioned and there was no possible way for anyone to know who the freelancer was (unless they themselves made that known to the world).

    They saw the post and are now threatening me with slander. And legal action for work they have not delivered.

    /sigh :(

    Sorry, I was being flippant. I can see you are genuinely concerned.

    I would concur with the others that legal action for defamation seems unlikely but to seek professional legal advice if you are worried.

    Hope it all gets sorted out.
  • Jellied EelJellied Eel Posts: 33,091
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    Karis wrote: »
    They saw the post and are now threatening me with slander. And legal action for work they have not delivered.

    UK is libel friendly, but it's still expensive to bring an action. The truth is also a defence. So if you hired someone and had a contract for them to deliver some work, and they didn't, pointing that out is not libellous or defamatory. If the comments you made were correct, they'd have a tough time proving libel. Even if they could, they'd then need to show harm for any compensation which may be difficult if they weren't clearly identified.

    But JasonWatkins gives good advice. If they are threatening action for libel, don't discuss any specifics of the case online. Get proper legal advice and consider countering by saying you're considering legal action for breach of contract.
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