Case study: Long-term harassment against an influencer
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How can an influencer stop long-term harassment campaign by someone who used to be a friend?
Adi and his family faced relentless online harassment from a former friend and reached out to Cohen Davis Solicitors who finally brought the harassment to an end through expert legal action.
Can harassment also be defamation and can defamation also be considered as harassment?
What can a harassment and defamation overlap look like?
A letter before legal action in harassment cases
Effects of being harassed as an influencer
Background
Our client, Adi (not his real name), contacted us to bring an end to a campaign of harassment against him and his family. Our client’s initial call to us was in relation to an individual called Amy, who had initiated an ongoing campaign of online harassment, where she targeted and belittled Adi and his family on social media. The campaign went on for nearly 3 years.
Amy used to be a close friend of Adi’s wife, yet out of resentment towards Adi’s wife, who had created a significant social media following for herself, charitable causes, and was considered by many as an online influencer. Amy made it her mission to damage Adi’s reputation as well as that of his family.
Amy’s campaign against Adi’s wife escalated to a new level because she began targeting Adi’s children by raising unfounded accusations that Adi was not the biological father of his son. This was extremely painful as it insinuated that Adi’s wife was unfaithful when nothing is further from the truth. Since Adi and his wife are well known in their community due to his wife’s social media profile, it was difficult to hide from the embarrassment and shame that Amy was subjecting them to.
During our call we considered Amy’s motivation and reasons for her actions, and Adi told me that it was likely to boost her own following on social media and to gain popularity, at the expense of ruining his reputation.
Can harassment also be defamation and can defamation also be considered as harassment?
Yes, harassment and defamation can sometimes overlap. If someone is constantly spreading false and damaging information about you, that could be both harassment and defamation.
Harassment is when someone repeatedly behaves in a way that causes you distress or alarm, while defamation is when someone spreads lies that harm your reputation. So, if someone is persistently making false accusations about you, whether online or in person, it could be seen as both harassment and defamation, depending on the situation.
What can a harassment and defamation overlap look like?
Amy posted defamatory videos on YouTube and Facebook, and the defamatory videos were attracting widespread interest which was causing Adi severe alarm and distress. Adi was concerned about the extent Amy was willing to go with her campaign as she seemed to be relentless.
Adi was fearful about the reputation of his family, his ability to lead a normal life and the effects the campaign had and will have on their mental health. Adi’s overall goal was to immediately end the campaign of harassment orchestrated by Amy and to her hold accountable by ensuring that she deletes all content about him, and apologies to her followers and his wife’s followers for her unlawful campaign.
It appeared that there was indeed a serious campaign of harassment being orchestrated against Adi by Amy, and that his reasons to feel concerned were entirely justified. We therefore advised him of the following steps that we could pursue to help him achieve his goal of bringing the harassment to an end.
A letter before legal action in harassment cases
As a first step, we advised that we write a letter before legal action (also known as cease-and-desist letter) to Amy which would set out the case against her and the action that she must take to avoid legal proceedings. Our letter would set out in detail how Amy’s actions and communications have caused Adi reputational harm, as well as being completely inappropriate, damaging, and false.
We would also demand that she desists from continuing to publish images and content of and about him. Furthermore, we would demand that Amy should agree to a legally binding settlement that would prevent the continuance of her defamatory and harassing actions against Adi and his family. We would then further demand that Amy signs an apology to acknowledge that her actions were based on false allegations. We would emphasise that should Amy refuse to accept responsibility, there would be legal consequences. We could also demand that she pays Adi’s legal costs which he had spent in relation to this matter.
By writing this letter we would seek to ensure that Amy understands the seriousness of her unlawful actions and the consequences should she refuse to comply.
In our experience, a letter of this nature is often effective in achieving our client’s goals. Although Adi would need to be prepared to take matters further, should Amy refuse to stop the campaign. The most effective way of serving a cease-and-desist letter would be by way of a legal processor who would hand deliver the letter to Amy.
In response to what we perceived as defamatory and harassing content in Amy's videos and campaign, our legal team drafted and sent a cease-and-desist letter to her. The letter detailed the nature of the accusations and demanded their immediate cessation, along with an apology to Adi and his family for the distress caused. Amy, however, contested the claims in her reply, maintaining her innocence and asserting that her actions were justified.
Given the sensitive nature of this case and our client’s specific instructions, we decided that the most appropriate course of action was to prepare the letter before legal action and leave it in their hands. This approach allowed them to retain control over when and how to proceed, depending on how the situation developed. Our client felt that this flexibility was important, as they wanted to see if the issue would resolve itself before taking formal legal steps.
In the weeks that followed, our client informed us that the harassment had stopped. While it is unclear whether this was a direct result of the legal notice being prepared or due to other factors, the unwanted behaviour ceased, bringing them a sense of relief. Given this development, our client ultimately chose not to proceed with formal legal action and was satisfied with the outcome.
Effects of being harassed as an influencer
This case highlights the legal and emotional challenges faced by individuals, particularly influencers, who become targets of online harassment. Adi and his wife were not only dealing with hurtful and distressing accusations but also the wider implications of having their reputations publicly attacked. When someone has a significant online presence, any false or damaging claims can quickly spread, amplifying the harm caused and making it difficult to control the narrative. For influencers, whose public image is closely tied to their personal and professional lives, harassment can threaten both their mental well-being and their ability to engage with their audience freely.
Online harassment is particularly insidious because it often takes place in a space where the attacker can reach thousands, if not millions, of people instantly. The nature of social media makes it easy for false information to spread and difficult for victims to contain the damage. When someone like Amy uses these platforms to attack and belittle an influencer, the effects can be long-lasting. In Adi’s case, the situation was even more distressing because the accusations extended beyond just his wife and onto his children, making it a deeply personal and painful ordeal.
From a legal perspective, cases like this often require a careful balance between taking swift action and assessing the most effective way to resolve the situation. It is not always about immediately jumping to litigation. While defamation and harassment are both legally actionable, pursuing a lawsuit can be costly, time-consuming, and emotionally draining. In this case, we had to consider what would be in our client's best interests, both legally and personally. Litigation could have given Adi and his family a sense of formal justice, but it would also have required them to endure a drawn-out legal process that could bring further unwanted attention to the matter.
Lawyer's thoughts on the case
Sending a letter before legal action was a strategic first step. A well-drafted cease-and-desist letter serves multiple purposes. It formally puts the harasser on notice, making it clear that their actions have legal consequences. It also provides a possible resolution without the need for court proceedings, which is often preferable for victims who simply want the harassment to stop rather than engage in a lengthy dispute. In some cases, receiving such a letter is enough to deter the harasser from continuing their actions. In others, it helps establish a record of the victim’s efforts to stop the harassment, which can be valuable evidence should legal proceedings become necessary.
What ultimately mattered most to Adi and his family was ending the harassment, and in this case, the harassment did stop. Whether it was a direct result of the legal action being threatened or other factors at play, the fact remained that Amy ceased her campaign against them. With that outcome achieved, our client felt that there was no need to pursue further legal steps, which is a decision many victims face when their harasser backs off.
This case serves as an important lesson for influencers and public figures who find themselves in similar situations. Online harassment can feel overwhelming, but there are legal avenues available to help bring it to an end. The first step is always to document the harassment thoroughly, keeping records of all posts, messages, and communications that demonstrate the pattern of behaviour. Seeking legal advice early on can provide clarity on the available options, from sending a cease-and-desist letter, to taking the matter to court if necessary.
While the law provides remedies for defamation and harassment, the reality is that not every victim chooses to pursue legal action. For some, the mere threat of legal consequences is enough to deter an attacker. For others, the best option might be to take legal proceedings to hold the harasser accountable formally.
Each case is unique, and the right approach depends on factors like the severity of the harassment, the willingness of the harasser to stop, and the financial and emotional costs involved.
For influencers, whose reputations and livelihoods can be directly affected by damaging online campaigns, it is essential to act quickly and strategically. Protecting one's public image is not just about responding to false claims but also about ensuring that harassers are made aware that their actions have legal consequences. In cases like Adi’s, where the harassment was relentless and deeply personal, taking legal steps—even if only in the form of a warning letter—can make all the difference.
