Defamed on Facebook

Whether you use Facebook yourself or not, the significance of the platform cannot be ignored.  It is the world’s largest social network and has in excess of 3 billion active monthly users.  In the UK community, business or interest-based pages and groups are particularly popular.  False and/or private statements made on such networks can cause immense reputational damage and distress.

The law of defamation applies equally to Facebook as it does to more traditional forms of publication/broadcast.

When establishing a defamation claim it is generally immaterial whether a defendant has launched a deliberate attack on your reputation, published something in anger or haste, or innocently repeated a defamatory statement made by a third party.  If a Facebook post is read and serious reputational damage has been suffered then you can normally assert a claim for libel.

Defamation is not simply a numbers game, but generally the more times a Facebook post is viewed, the greater the likelihood of reputational damage.  Damage may increase further, and additional claims arise, if the defamatory content is shared or reposted elsewhere.  Conversely, if the level of readers is low then a claim for libel may fail unless it can be established on evidence that the posting has caused or is likely to cause serious reputational harm (this is a requirement of any defamation claim under section 1(1) of the Defamation Act 2013).

The normal libel defences apply to Facebook defamation claims.  For example, the defence of truth, honest opinion, publication on a matter of public interest (sections 2, 3 and 4 of the Defamation Act 2013).  These defences are complicated and often misunderstood.  Prospective claimants or defendants should generally seek specialist legal advice.

Yes, we act for claimants and defendants.  If you have been accused of defamation on Facebook, we can advise and represent you.

The remedies we can seek on your behalf include: removal, an apology/clarification, damages/compensation, and an undertaking (promise) not to repeat.  In matters that go to court we can seek damages and an injunction.  On occasions, a statement can be made in open court putting the record straight.

In some instances, Facebook users will be anonymous or pseudonymous (i.e. they will use an alias). We can advise you on your options, including asking Facebook to remove the offending content or the scope for seeking a type of court order known as a Norwich Pharmacal Order requiring the disclosure of information which might identify the creator.  Over the years we have successfully obtained numerous such orders against Meta.

If a defendant is based outside the UK it may be necessary or preferable (for legal and/or practical reasons) to engage lawyers in the jurisdiction where the defendant is based.  This will be case-specific.  If instructed, we will talk you through the relevant issues with you.

We can assist you with asserting claims for the misuse of private information, breach of confidence and breach of data protection rights under the UK General Data Protection Regulation (‘UK GDPR’) and Data Protection Act 2018.  We acted for the successful claimant in the landmark case of JQL v NTP [2020] EWHC 1349 (QB) in which the defendant was held liable for sharing private information on Facebook.  In privacy claims, it is normally immaterial whether the information is true or false.

We can normally make a complaint on behalf of your children.  Children are entitled to a greater level of privacy than adults.

Sadly harassment on Facebook is relatively common.  If we believe the legal threshold for harassment is met, we can assert a claim for harassment on your behalf.  The Court has the power to award damages (compensation) for distress/injury to feelings and impose an injunction.  In some circumstances, harassment may also give rise to criminal liability.

In practice libel claims against platforms are rare, but they are theoretically possible.  We acted for the claimant/appellant in Tamiz v Google Inc [2013] EWCA Civ 68, which is the only time the Court of Appeal considered the liability of online platforms for libel.  The Court held that Google Inc could be liable as publisher at common law in relation to its Blogger platform after it had been placed on notice of offending content and a reasonable amount of time had passed.  Our summary of the judgment can be found here.  There is now a statutory defence in libel for intermediaries where the identity of the original publisher/broadcaster is known (section 10 of the Defamation Act 2013).  The position regarding Facebook’s potential liability for misuse of private information, breach of data protection legislation or harassment has yet to be determined by the English courts.

• To learn more about how we can help you bring a defamation claim click here to read our Defamation FAQs.