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Defamation: What is it and what do I need to know?

As a survivor of gender-based violence, it is useful to know about defamation. Defamation can be a complex area of law, so this short blog gives some initial helpful information on the topic.

 

What is defamation?

Defamation is when somebody says or writes something untrue and causes “serious harm” to the reputation of another person.

 

What about the new law on defamation?

Defamation has been part of Scots law for hundreds of years, but in April 2021, a new law was created called the Defamation and Malicious Publication (Scotland) Act 2021. This law came into force on 8 August 2022. This new law sets out how the law on defamation now works in Scotland.

Under this new law, for defamation to happen:

1. A person must publish a false statement about someone.

A statement is “published” when it has been seen or heard by at least one other person (other than the person the statement is about). This means that a post, video or image on social media that has been seen by a few of your friends or followers would come under this new law, but a text or private message sent to only the person it is about wouldn’t.

2. The statement must have caused (or is likely to cause) “serious harm” to the reputation of the person it is about, whether that is professionally or personally.

 

Why is knowing about defamation important for survivors of gender-based violence?

Disclosing an experience of abuse can be a powerful step. For some, this can mean speaking to a loved one or to a support worker. For others, it can also mean disclosing the abuse on social media. At the same time, when deciding whether to make a public disclosure, it is very important to consider the legal risks in full. It is therefore important to know what defamation is and is not, and what the legal consequences can be.

For example, if someone, including a perpetrator, believes their reputation has been damaged by something that you posted about them on social media, they may bring a defamation action against you. Although the new law includes defences to defamation actions - including that what you said was a true statement - this can be a complex area of the law and you may still end up involved in a court case.

It is important to know that not naming the perpetrator in your social media post will not necessarily protect you from legal consequences. A defamation action can still be brought if the post has enough information to identify the person it is about.

 

Where can I find more information about Defamation?

Defamation is a complex area of law so we would recommend that if you have any concerns, you speak to a solicitor about this. You can visit our Solicitor Signposting Network to find a solicitor who has completed our specialist domestic abuse training. There are solicitors throughout Scotland.

You can also find more information in our legal fact sheet ‘Making a Disclosure of Abuse on Social Media’ (PDF), or call our helpline on 08088 010 789 (please check our opening hours before phoning).

 

Other sources of information and support:

Scottish Women’s Aid – Scotland’s Domestic Abuse and Forced Marriage Helpline

Information and resources on domestic abuse and forced marriage are available on the SWA website.

Email: helpline@sdafmh.org.uk

24 Hour Helpline: 0800 027 1234

 

Rape Crisis Scotland

Visit Rape Crisis Scotland's website for more information, resources and support.

Telephone (General enquiries): 0141 331 4180 (9am-4pm, Monday-Friday)

Helpline: 08088 01 03 02 (Any day between 6pm – midnight)

 

Victim Support Scotland

Go to the Victim Support Scotland website for information if you have been affected by crime.

Telephone: 0800 160 1985 (8am-8pm, Monday-Friday)

 

Criminal Injuries Compensation Authority (CICA)

For information on making a compensation claim after experiencing a violent crime, go to CICA's website.

Telephone: 0333 3581 999

 

Scottish Legal Aid Board

If you are considering applying for legal aid, you can seek advice from the Scottish Legal Aid Board webite.

Telephone: 0131 226 7061

 

Contact Scotland BSL (BSL Interpretation)

Find more information about Contact Scotland’s free interpretation service by visiting their website.

Telephone: 0333 344 7712