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Does this count as defamation of character?

2 replies

legaladviceneededplease · 02/01/2022 11:14

Please can anyone advise?

I've been made aware of comments that have been made about me in a WhatsApp chat group to the effect that I have "harrassed" another member of that group (I'm not a member of this chat group). This is a completely and utterly false allegation. My profession is such that comments like this could be damaging to my professional reputation if they became more widespread.

Does this amount to character defamation? Or would the comments need to be public as opposed to a private WhatsApp chat for that to be the case? My name is being well and truly tarnished and I have no idea who is being exposed to these false accusations in that group.

Thanks for any thoughts / comments.

OP posts:
prh47bridge · 02/01/2022 12:14

To prove defamation, you need to show that the person against whom you are taking action made the statement to a third party. It is defamation even if the statement is made in a private communication - they only have to make the statement to one other person. The fact this is a private WhatsApp group doesn't stop it being defamation. However, you also need to show that this has caused or is likely to cause serious harm to your reputation. The fact that it could be damaging if it became more widespread may not be enough. Indeed, taking legal action may itself result in the claim becoming more widely known and could be more damaging than doing nothing. If you want to pursue this you need to take proper legal advice.

legaladviceneededplease · 02/01/2022 12:20

Thank you for your reply.
I can prove the statement was made to a third party - I have been forwarded a screenshot of that. It's been made in a group of several others. The second criteria is a little more grey. I can't really evidence the damage this may or may not cause to my professional reputation. I will seek advice from a solicitor. Thank you.

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