Libel laws?

[birdie1971]

If someone posts derogatory and untrue statements about you on Facebook on their 'Status' page, can that be considered libellous?

[Buenchico]

Derogatory statements aren't automatically libellous. (For example I could write that someone has appalling fashion sense, bad breath, poor personal hygiene and disgusting habits. If it's all true it's not libellous).

Untrue statements aren't automatically libellous. (For example I could write that someone has walked on the moon and starred in a Hollywood movie. If it's not defamatory, it's not libellous).

As indicated in that last paragraph, the law actually refers to 'defamation' rather than to whether statements are true or untrue. (It's possible to write a perfectly true statement in a way that is defamatory. For example a celebrity might tell a reporter of how he loves it when his sleepy toddler sons climb into bed with him and his wife. The reporter could write "He told me that he greatly enjoys sleeping with young boys". It's perfectly true but it's still defamatory!).

The situation you describe would seem likely to count as 'defamation'. Your problem though is that there's no legal aid for taking court action in respect of it. Unless you've got (at least) tens of thousands of pounds available you won't be able to sue the person posting those statements. (The only exception would be, for example, where a teacher's career was being put at stake by such defamatory statements. In such a case his/her union would probably fund a court case). However the threat of legal action is often sufficient to prevent the repetition of defamatory statements (even though such action would actually be too expensive to pursue).

Chris

[birdie1971]

Thanks Chris.

Informative and concise as usual.


Cheers.

[ludwig]

Hi Birdie,

Would you please contact me at [email protected] for a private word.

thanks