23% increase in defamation actions as social media claims rise

There has been a 23% rise in the number of reported defamation cases in the UK over the past year, up from 70 to 86, according to research by Thomson Reuters.
The growth in the number of reported defamation cases is partly due to a sharp rise in claims brought over defamatory material published through social media and websites.

In the last year alone the number of cases relating to new media, such as internet-only news services, social media, text messages and online review sites, has more than quadrupled, rising from si to 26.
Thomson Reuters points out that these cases can be brought against the individuals responsible for creating the defamatory material - who may be unaware of the potential legal implications of their actions - rather than against the websites hosting the content.

High profile examples of this include the claim settled by Sally Bercow over comments made on Twitter about Lord McAlpine.
"The increase in claims arising from content on social media and websites reflects the growing impact and importance of new media compared with traditional news providers," said Keith Mathieson, head of media at City law firm RPC and a contributor to Thomson Reuters' practical law service. "Many of the new media cases are taken against the individuals responsible for the publications rather than the companies such as Google or Twitter that host the material, as those companies are likely to have special hosting defences, particularly if they take material down following an initial complaint. "The increase in actions over internet-based communications is a reflection of people's concerns about their online reputations and the ease with which damaging information about individuals and businesses can be shared and spread." The last three years have also seen a rise in reported defamation cases brought by businesses, climbing from 16 in 2011/12 to 31 in 2013/14, with businesses also taking action over claims published about them through email and social media as well as more traditional media. However, legal commentators say that in cases where demonstrating serious financial loss from comments is not clear cut, the new defamation act now makes it more difficult for companies to bring libel actions. Mathieson said: "Although the last year shows an increase in the number of businesses taking action for defamation, that trend is likely to be reversed during the next 12 months as the new act will make it more difficult for companies to bring such actions because of the need to show serious financial loss." The defamation act came into force on 1 January this year and could lead to further litigation as disputes arise over grey areas in the new law. Mathieson argues that the new provisions "are almost wholly untested." He said: "It is inevitable that litigation will be required to determine the meaning and scope of the new provisions, but the high costs and risks of bringing a claim or defending one all the way through the courts mean there is unlikely to be a queue of people lining up to be guinea pigs. "Businesses will be looking at other ways of managing the risk of adverse online publicity such as electronic monitoring and enhanced understanding of how search engines operate."

Celebrities involved in defamation cases in the past year

This year has also seen a rise in the number of reported defamation cases brought by a celebrity, climbing from seven to 11.
These cases included action taken by Russell Brand over false reports that he had been unfaithful to his girlfriend, and the case brought over defamatory comments contained in an article about a relationship between X-factor star Tulisa Contostavlos and former Manchester United footballer Danny Simpson.