Potential Award
Aside of obvious requests for an apology, a refuting statement, a prohibition against further spread and an order to remove the defamatory information from public access, claimants often ask for money.
In deciding about the actual amounts, the Court will look into the gravity of the offensive allegations, relative damage to the defamed person’s reputation, how wide the information was spread and in what circles, what are the actual and potential consequences, and how long the aftermath would probably affect the victim.
For example, a tactless party joke about your friend made in the presence of his other two close friends and forgotten by the end of the day would imply less monetary compensation than a televised accusation of child molesting and fraud against a famous artist which caused an end of his career and left him publicly ostracized for years.
At the same time the Courts would take into account the extent to which the victim’s own actions and attitude as well as independent circumstances added to the actual damage done. If the above-mentioned friend from a party would continue to bring up the story again and again, fiercely, aggressively and violently blaming everyone around for not protecting him against brutal and cruel jokes and thus spreading the offensive words further, this would probably be seen as if he was causing a lot of his trouble himself.
Yet, not only the claimant’s behaviour can tip the balance. It is also important how reasonable or unreasonable was the other party’s behaviour after the claimant brought up his or her side of the story, suggested solutions and tried to resolve the problem.
Practical Steps
Let’s say, you have carefully considered all the facts and decided to bring up a claim in defamation. What would be your steps?
First, you should send a letter of formal notice to the author of defamatory statements. In such a letter your will explain the facts as you know them, indicate your own position towards the information spread and make particular requirements: what do you want the other party to do in order to resolve the problem. You can do this on your own or hire a lawyer to do the job.
If negotiation goes well, this would put an end to the story. If the other party denies your claim, refuses to correct its mistakes or simply leaves your letter without answer, you might consider to get a lawyer to prepare your judicial application.
While waiting for your case to be heard in court, you might also want to apply for an injunction: a judicial order requiring the other party to do or to stop doing something in particular. This is usually done to limit the damage.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
