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How to avoid defamation when sharing a story about bad tradespeople?

4 replies

samosamo · 07/04/2021 07:56

Dear all,

I want to share my story on here about a company I've used that others shouldn't. It's been helpful for me in the past, particularly re our loft conversion. But I don't want to be sued!

How can I do that legally???!!!

OP posts:
ComtesseDeSpair · 07/04/2021 09:23

Make sure you stick to the provable facts, and that you would be able to provide evidence for any allegations you’re making. Don’t state as fact something which is only your opinion. Don’t make broad accusations about a company based on an individual’s conduct such as “XYZ Ltd steals from customers.”

kirinm · 07/04/2021 09:25

It cannot be defamation if it is true. You just need to be able to prove whatever you're saying is true.

I've seen on here a certain side return extension company threaten people who have posted negative reviews. I don't know if they ever did but be careful (that shouldn't stop you from saying whatever you want to say, just make sure it is all provable).

sarahb083 · 07/04/2021 12:45

Could you just say 'I would not recommend this company' without giving details? That would be enough to put me off and doesn't open you up to legal issues.

PaperTrails · 07/04/2021 13:47

Don't. It's a minefield.

You would need to be very careful and confident about the facts, opinions, the difference between the two, evidence, the potential and possibly unintended meanings of words and phrases, reliability of any witnesses, unintentionally identifying someone involved in the business who could sue even if you didn't name them...And there's still no guarantee you wouldn't get sued or at least caught up in a lengthy and expensive complaint involving solicitors.

As I say, don't do it. It's a minefield. Particularly if the company has form for aggressively protecting its reputation and the means to do so. Newspapers have specialist lawyers who check contentious articles before they are published and they still get sued. And they generally have insurance. Depending on what the company has done, instead maybe consider reporting it to Trading Standards or a trade body if they have one.

Sorry. It sucks, I know. Deliberately publishing potentially defamatory stuff about an identifiable business on a popular website with 12 million users is only for those with deep pockets, a tough constitution and an unhealthy appetite for risk.

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