Q. An ex employee of mine has maliciously created a Facebook profile in my name which falsely indicates my political views and suggests that my company are not to be trusted financially. Can I sue him for damages?
A. Recently, the first legal action involving false information being posted on a social networking site was decided in favour of the claimant, with the court awarding him damages of £15,000 for libel and £2,000 for breach of privacy. People using social networking sites to attack individuals or businesses therefore can be sued for defamation.
To succeed you must show that the words complained of, firstly, would tend to lower your reputation in the eyes of right-thinking members of society and, secondly, that they have been communicated (i.e. published) to a third party. Anyone involved in the publication of the words will be liable unless they can establish a defence. The Defendant then has to prove either the material was true; was fair comment made honestly in the public interest; was reported correctly from Parliament or court and is immune from liability or was reported, without malice, from other protected arenas such as a press conference.
On the face of it, you appear to have good grounds for a claim. However libel laws are complex and it is expensive to bring a claim. For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043.
Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Be Guided by the Experts
