10th June 2025 | Thomas Clark | Dispute Resolution, Defamation, Reputation Management

As a litigator, I’ve dealt with many cases where a person’s or business’s reputation was compromised — often suddenly, and sometimes irreversibly. In a world where information spreads rapidly and judgment comes quicker than facts, defamation disputes have become a central concern for individuals and companies alike.

Understanding how defamation works — and what options are available — is essential for anyone navigating the modern media landscape.

What Is Defamation, and Why Does It Matter?

Defamation is the legal term for a false statement that unjustly harms someone’s reputation. It takes two primary forms:

  • Libel: defamation in permanent form, typically written or published.
  • Slander: defamation in transient form, usually spoken.

To succeed in a defamation claim, the statement must be:

  • Defamatory: it lowers the person’s reputation in the eyes of reasonable members of society.
  • False: truth is an absolute defence.
  • Published: communicated to at least one third party.
  • Likely to cause serious harm: especially relevant under UK defamation law since the Defamation Act 2013.

In practice, defamatory content may appear in a wide range of contexts — from social media posts and online reviews to traditional journalism and internal company communications.

Examples from the Field

Defamation law spans many sectors and scenarios. Consider the following examples:

The Online Review That Went Too Far

A small business faced a wave of negative attention after a former customer posted an online review accusing the owner of illegal practices. The claim was untrue — but it spread rapidly, causing reputational and financial harm. While businesses must tread carefully due to freedom of expression, the review crossed the line from opinion into false factual allegation. The situation was eventually resolved through direct negotiation and a retraction.

LinkedIn Allegations and Professional Fallout

In another case, a professional’s former colleague shared accusations on LinkedIn, alleging misconduct during a past collaboration. While framed as commentary, the statements suggested criminal behaviour — triggering serious concerns for the individual’s career. The matter highlighted how even ‘personal’ online platforms can be legally actionable if reputational damage occurs.

False Claims in a Press Article

Public figures and companies are often subjected to critical media coverage. In one instance, a technology firm took issue with claims made in a tech magazine article suggesting unethical data practices. After raising concerns directly with the publication, an editorial correction was issued — demonstrating how press accountability and reputational repair can go hand in hand.

Reputation Management in Practice

Legal mechanisms are just one part of managing reputation. Often, the best approach is multi-layered, combining:

  • Monitoring: staying aware of what’s said online and in the press.
  • Proactive communication: issuing timely, factual statements to clarify misinformation.
  • Platform engagement: requesting takedowns or corrections via social media or website hosts.
  • Strategic response: weighing the merits of legal action versus reputational risk.

Sometimes, litigation is necessary — particularly where the damage is significant, and informal resolution has failed. Other times, discretion and diplomacy achieve more than a courtroom ever could.

A Shifting Landscape

Defamation law continues to evolve. Courts now weigh freedom of speech more carefully against the right to reputation. Social media has blurred the lines between personal expression and public accountability. At the same time, the public’s appetite for transparency means that how a person or company responds to a reputational threat often says more than the original accusation.

Conclusion: A Matter of Truth, Context, and Care

Reputation is an asset — often built over years, yet vulnerable to damage in moments. Whether the threat comes from a malicious tweet, a misleading article, or a mistaken identity, understanding the basics of defamation and taking timely, measured steps can make all the difference.

In an era of instant communication and lasting digital footprints, vigilance, clarity, and a sound grasp of defamation principles are vital for anyone seeking to protect what matters most: their name.

To find out more about defamation, contact Thomas Clark.