What is the legal definition of 'defamatory' ? (UK Law)?

Question

Is my website defamatory?
Its about a movie producer who didn't pay me for my work.
www.allan-niblo.com

Answer 1

In law, defamation is a right of action for communicating statements that may harm an individual's reputation or character. The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture,sign, or electronic broadcast), each of which gives a common law right of action.

"Defamation" is the general term used internationally, and is used in this article where it is not necessary to distinguish between "slander" and "libel". Libel and slander both require publication. The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc and the like, then it is considered libel.



If they didnt pay you for your work and they should have done, they can't do a whole lot to get you in trouble, or else they will be in trouble for not paying lol..

Answer 2

A defamatory statement is one which injures the reputation of another person: it "tends to lower him in the estimation of right-thinking members of society generally". That is certainly true of what you published on your website.

Such a statement constitutes a "libel" if it is:
published: (publication, for these purposes, is simply the communication of the defamatory matter to a third person)
AND
it is in writing, printing or some other permanent form;
A statement will amount to a "slander" if it is
published
AND
it is made orally or in some other transient form.

An action for defamation can be brought by:
an individual;
a company, in respect of statements that damage its business reputation.

There are a number of defences to an action for defamation including the fact that the words complained of are true in substance and in fact. The other defences do not apply in your case.

The law of defamation is notoriously difficult, so much so that few practitioners are prepared to specialise in it. The cost of litigation is enormous. My own view is that your website is defamatory and I think you'd better be aware that if the company does bring an action against you and you end up paying its costs, as well as your own, then those could be quite ruinous.

The one crumb of comfort is that these people have obviously cheated you and may wish to avoid the publicity. They have probably sorted out their own version of facts and might well be prepared to take you on, however. Be warned!

Answer 3

Defamotory isnt the question in this case... your website i feel is very informative of fact. Fact you cannot be sued for because first he has to disprove your comments. This could cost him much more than 3200 in legal fees. Although after looking into your case one has noted several things.
Firstly you had an oral agreement prior to filming. Therefore the payment can not be transferred to a new party in a new contract. Without the first agreement being honoured. Example A asks B to cut his grass and then finds he has no cash in doors, so asks B to get that debt off C who wasnt party to the agreement if C refuses to pay A should still legally pay B for his work. I personally feel you should contact good advice and sue for breach of contract and claim damages.

Answer 4

As a journo, the best explanation I was told in college is to ask yourself "would I object to this being said/written about me in public?" If you would object or be unhappy, then it is probably defamatory.

Remember there are justifications for defamation (e.g. Fair comment, justification, privilege) but defamation remains lowering that person in the estimation of right-thinking people.

Answer 5

So long as everything you write or say is true and can be supported I don't see you have a problem - although I have no civil legal training at all!
I presume this question is a vehicle to air your grievances about Mr Niblo more widely.
In which case, you've succeeded.
Good luck!

Answer 6

I also put some facts about my former employer on the website who owes me an Employment Tribunal Award. You can see how it is done http://www.haveyoursay.info/

There is a good explanation of defamation on this website http://www.weblaw.co.uk/art190499.php

Answer 7

defamation can exist in two kinds

liable : written deformation

slander: oral deformation


for the tort of deformation to arise you must have done something that damages anothers reputation without good cause (evidence) to support such an accusation .

Answer 8

Causes person to be shunned or avoided

lowers person in the estimation of right-thinking people

disparages person in profession/employment

there are other things but I have forgotten, sorry