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Think Before You Tweet: Social Media Slander Triggers More UK Defamation Cases

CC0 / Pixabay / Social media a haven for defamatory comments
Social media a haven for defamatory comments - Sputnik International
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Research conducted by Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals, has found that defamation cases in the UK have risen in the area of social media. There were 13 cases in 2016, up from 11 in 2014/15 and 8 in 2013/14.

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Defamation is defined as the action of damaging the good reputation of someone; slander or libel. According to experts social media is the perfect setting for someone to make defamatory comments available to a wide audience. 

The research also highlights that cases involving social media are a large part of the reason that defamation cases are brought against individuals, rather than a business.

Sputnik spoke to Will Richmond-Coggan, a partner and solicitor advocate at Pitman's law services in the UK, who said that a comment is defamatory when it lowers the subject or person in the view of "right thinking people."  

​"When it comes to defamatory comments made via social media there are a number of factors connected with it. For example, was the post retweeted and if so how many followers does the person have who wrote the initial post? The higher the number, the more dangerous and harmful the outcome for the victim," Mr. Richmond-Coggan told Sputnik. 

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Mr. Richmond-Coggan also states that one must be sure they are the target of defamatory comments before they take any action. Social media can reach a larger pool of people than a traditional offline statement, therefore if someone makes a slandering allegation online — there is very little the targeted person can do about it.

Another key point to consider when addressing defamatory statements made online is what type of medium was used to post or share the information. It is not just Facebook and Twitter that are subject to scrutiny, but also WhatsApp and LinkedIn groups, whether private or public.

"If it's a Snapchat or WhatsApp conversation or group — even though the circulation is small the people who are hearing it will know the person best and that is where the harm is done. The key thing is for the person who was targeted to get a copy of the message and establish meaning," Mr. Richmond-Coggan told Sputnik.

So what are the repercussions for someone who spreads a malicious rumor or makes a defamatory comment, whether it is about a person's business, career or character?

"If the the person who makes the statement is found guilty, they will have to pay monetary damages and an injunction will be put out against them to stop it happening again. I had a case of one client who had defamatory comments made about the way they promoted their business online. They were awarded US$40,000," Mr. Richmond-Coggan told Sputnik.

​"Word of advice to people who use social media, exert some common sense and be careful what you write, post and share about another person," Mr. Richmond-Coggan told Sputnik. 

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