Best response to false and defamatory online reviews

False or defamatory reviews can cause serious harm, which raises important questions about the limits of free speech in online reviews and how both parties can protect their rights.

Is free speech disappearing?

These days, it feels like free speech is under pressure from all sides. Whether it’s online debates, protests, or heated arguments in the media, people are increasingly finding themselves targeted just for expressing a view. In some cases, it leads to online abuse or reputational damage. In others, it can result in legal action.

Can you lose an OBE for expressing political opinions?

Charlie Mullins' case offers a sobering insight into the risks now faced by individuals who dare to speak their minds in the public arena, particularly those who have been honoured for service to their community. What began as recognition for decades of hard work and life-changing impact has turned into a battle to preserve reputation, principle and free speech.

Reputational considerations before taking a case of unfair dismissal to an employment tribunal

Being unfairly dismissed from your job on false grounds can feel like a collapse of everything you’ve worked for. It can destroy not only your career and income but also your reputation, leaving you isolated and struggling to move forward. When you know the allegations are untrue, the natural response is to seek justice.

Libel on social media: Key takeaways from Paisley v Linehan

The High Court has delivered another significant ruling on online defamation in Paisley v Linehan, in which our firm, Cohen Davis, acted for the claimant, David Paisley.

What was the case of Paisley v Linehan about?

David Paisley, the claimant, took legal action against Graham Linehan over comments posted on Linehan’s Substack page. The case centred around three specific comments in response to an article written by Linehan. These comments, made by third parties, accused Paisley of being a paedophile and of supporting a coordinated strategy by child molesters. The court had to decide whether these comments were defamatory and if they amounted to statements of fact or expressions of opinion. 

The defendant, Graham Linehan, is a well-known writer and television producer, best known for creating popular sitcoms such as Father Ted and The IT Crowd. In recent years, he has gained attention for his outspoken views on transgender issues, which have led to significant public debate and controversy. This case highlights the risks of social media discussions and the legal consequences of defamatory statements posted in comment threads. This judgment serves as an important reminder that defamation laws apply just as strictly to online discussions as they do to traditional media. Here’s what you need to know.

The key legal issues in the hearing

The meaning of the words in defamation cases

A crucial question in defamation cases is what the ordinary reader would understand the words to mean. The court found that the comments accused Paisley of serious criminal behaviour, including being a paedophile and participating in a coordinated child exploitation strategy. Some of these statements were judged to be statements of fact, meaning they assert something that can be proven true or false, while others were ruled to be expressions of opinion, which reflect a subjective viewpoint rather than an objective claim. This distinction is critical in defamation law because factual claims can be legally challenged if they are false and defamatory, whereas opinions, provided they are based on disclosed facts and not misleading, are generally protected under free speech principles.

The importance of context in defamation cases

Context is everything in libel law. The court had to determine whether the comments should be read in isolation or as part of a wider discussion. The judgment carefully analysed how each comment evolved over time in the discussion thread, assessing whether additional comments later in the thread changed the meaning of the original defamatory statements. For instance, one of the comments originally accused Paisley of being a ‘nonce’ (a slang term for paedophile).

Linehan later intervened in the thread, calling the comment ‘not helpful’ and warning that it could be legally actionable. The court considered whether Linehan’s response altered how an ordinary reader would understand the initial comment. Ultimately, the court ruled that the original defamatory meaning remained intact despite the later exchanges.

Statement of fact vs. Opinion in defamation cases

A critical defence in defamation cases is that a statement is an opinion rather than a factual claim. The court found that while some of the comments were statements of fact (i.e., alleging Paisley was directly involved in criminal behaviour), others—such as a claim that he was ‘rightly to be described as a paedophile’—were deemed expressions of opinion based on the content of the original article.

The role of the Substack owner or Facebook administrator in defamation

One key aspect of this case was the responsibility of the platform owner, in this case, Linehan, for defamatory statements made by third parties. While Linehan did not post the comments himself, he hosted the discussion on his Substack page. The court’s decision reinforces that hosting and failing to remove defamatory comments can still create legal exposure.

Why the decision in the case of Paisley v Linehan matters

This case highlights several important points for anyone engaging in online discussions

• Deleting or responding to a defamatory comment does not necessarily remove its legal consequences.
• If a statement is defamatory when first posted, later attempts to soften its impact might not prevent liability
• Social media and online forums are not free zones for defamatory statements. If a statement accuses someone of serious criminal conduct, it could lead to legal action.
• Platform owners and moderators should be cautious. Even if you do not personally post defamatory statements, hosting them on your site or failing to remove them could still result in legal trouble.

What should you do if you are defamed on substack or on a Facebook Page?

If you believe you have been defamed on Substack, you need to consider the comments made in the entire context of the platform. Statements that appear defamatory at first glance may actually be regarded as opinion rather than fact, which could make legal action more complicated. Before taking legal steps or threatening to do so, it’s crucial to consult a solicitor specialising in defamation law. Before taking any legal action, it’s crucial to understand the full context of the Substack comments.

What might initially appear defamatory could actually be considered an opinion, which may not be legally actionable. Seeking professional advice early on can help clarify your legal position and prevent unnecessary steps. At Cohen Davis, we offer a fixed-fee initial consultation with no time limit, allowing you to fully explore your options. Our clients often find this invaluable in understanding their legal standing, strategising their next steps, and determining the best approach to take moving forward.

The next step in the case

The Paisley v Linehan case is a wake-up call for anyone who assumes online platforms provide a shield from defamation claims. Words matter, and what is said online can have serious legal consequences. Even when you feel highly passionate about a topic, you should always consider the impact of your words and the potential for litigation. Having said that, the case is still ongoing. The case will now proceed to trial to determine any potential defences the defendant may raise in response to the court’s findings that the publications complained of are defamatory at common law and to the findings of fact.

The trial will also assess whether these findings establish that our client, Mr. Paisley, has suffered harm and, if so, determine the extent of that harm. Additionally, the court will consider the appropriate level of damages to be awarded, taking into account the impact of the defamatory statements and the evidence presented. At Cohen Davis, we continue to provide expert legal guidance in online defamation cases, ensuring our clients understand their rights and the best course of action following a court ruling. If you have online defamation questions, get in touch with our team for expert advice.

Anonymous Internet defamation: what to do

The challenge of addressing online defamation is exacerbated when the perpetrator hides behind the veil of anonymity. However, with the evolving digital landscape, there are systematic measures and legal tools that can help unveil the identity of such defamers and protect the reputation of the aggrieved party. Here's an overview of what to do when confronted with anonymous internet defamation.

Case study of defamatory, out of context news articles

When a newspaper article is taken out of context, it can be twisted to give a false and harmful impression. This might happen on purpose or by mistake, but either way, it can unfairly damage someone's reputation. It's important to respect the right of people to have their words and actions shown truthfully. If someone feels a report has misrepresented them in a defamatory way, they may be able to take legal action to correct it.

Cohen Davis win a criminal and a civil harassment and defamation case against web design company

In the UK, while defamation itself doesn't lead to criminal prosecution, certain circumstances surrounding a defamation incident might still involve the criminal courts.

Internet defamation lawyer

There are many defamation lawyers in London but there are only a handful who truly understand with clarity social media and the internet. It is often the case that the merits of your defamation case should be assessed by your lawyer through different angles and having a strong defamation case in law, is only one of them. <hr id="system-readmore" />

How to win a defamation case

Early action when responding to defamation

Why choose Cohen Davis defamation lawyers

How to win a defamation case

Before embarking on a full scale defamation case, which could lead to a glorious victory, but at the risk of  further dissemination of the defamatory statements through reporting by the press of the defamation proceedings, we will work with you on what winning your defamation case means to you. The internet is full of reputational risks and whilst it is possible to have them all supressed, winning a defamation claim on its own is often insufficient. This is particularly true if the defamation has spread, or is likely to be spread across websites, social media and jurisdictions. To truly win a defamation claim, you will need something more than your defamation lawyer’s strategy to win your defamation court case.

Some of the most recognised defamation solicitors and barristers in the UK will focus on winning your defamation case in court, but this wouldn’t necessarily mean that you “won” your defamation case. When it comes to defamation on the internet, your court case is one battle of many. Winning a defamation case is great, but often insufficient. There are other battles to be won and your defamation lawyer will plan your case so that each battle, with search engines, with social media companies and over public opinion is fought and won, hard and smart.

Early action when responding to defamation

When it comes to defamation on the internet, you can never tell for sure what those who wish you harm are up to. They might be planning and plotting, preparing and conspiring which means your defamation lawyer must be at least be one step ahead throughout your representation.

The sooner you seek the right legal advice, the better the outcome of your case is likely to be. When a team of dedicated defamation lawyers successfully prevents articles and internet posts appearing online in the first place, the credit for this success should be given to our intelligent clients who have the wisdom to act fast.

Why choose Cohen Davis defamation lawyers

We are outcome focused. It is too easy for a defamation lawyer to get carried away and perhaps forget about what the objective is all about. Vindications, apologies, payment of damages and defamation injunctions are instruments that your defamation lawyer could use to help you achieve your gaols. The pursue of a defamation case isn't to obtain a defamation injunction, for example, but to bring you a peace of mind and a satisfactory closure to an unpleasant ordeal.

An outcome focused approach, also means that we constantly look at ways to close any gaps that might end up undermining your achievements. An outcome focused approach also means that the solution must fit within your budget and that the strategy for winning your defamation case must be tailor planned for you and for your needs and abilities.

Finally, an outcome focused approach to winning defamation cases, means that we always assign the right defamation lawyer to meet the needs of your case. We make sure that only specialists and experienced defamation lawyers work on our clients’ cases and that the experience must be related to our clients’ current defamation issue.

Our lawyers answer questions about defamation law in the UK

Below are some of the most common questions clients have asked us concerning defamation law in the UK. Remember, the intricacies of defamation law can be complex, and anyone dealing with such issues should seek advice from a legal professional who is familiar with the facts of their specific case to understand their rights and potential actions fully.

How do you stop someone from defaming you?

This case demonstrates a typical social media defamation case where with prompt action and the right legal support a case that could have lasted for years, was brought to a satisfactory outcome very promptly.

What to do if your former employer gives a defamatory job reference

The impact of an employer's reference on a job applicant's prospects cannot be overstated. A positive reference serves as a powerful endorsement, highlighting the applicant's competencies and suitability for the role. Conversely, a negative reference can significantly hinder their chances of securing the position. 

How companies can protect themselves from disgruntled employees

How to remove a publication of professional disciplinary hearing from Google

What to do if you have been defamed on the internet

Mitigating reputation damage for a Premier League director with expert legal support

How to avoid being a victim of defamation by former employees and partners

How to protect employers from online defamation by former employees

The issue of online defamation by ex-employees has become increasingly troubling for organisations. Because managing online narratives can be challenging, you should do whatever you can to safeguard your organisation against defamation by former employees.

Affordable Norwich Pharmacal Order (NPO) Service

Norwich Pharmacal Orders (NPOs) are a type of order which can be obtained from the High Court. They are frequently used in cases where confidential information is held by a third party and is needed in order to bring proceedings against another party, for example where someone has been the victim of online harassment.

What to do if your company has been a victim of electronic fraud

If your company has been a victim of electronic financial crime or a scam, it's imperative to act swiftly and decisively, as our client did in the following case study. Immediate action and expert guidance are crucial in mitigating the impact of the fraud and initiating the recovery process.

How to remove fake reviews from TrustPilot

Defamation on Twitter by an anonymous user

How does the court decide on meaning in defamation cases

Chase Levels are a useful tool for determining the degree of defamatory meaning or imputation in a statement, but they should not be considered the be-all and end-all when it comes to this analysis. Chase Levels help the court decide on meaning in defamation law cases.

What is the difference between a fact, an opinion, and a statement in defamation cases

In a significant legal decision, our client, David Paisley, has been granted the right to pursue a defamation claim against Graham Linehan, a well-known television writer. This case revolves around defamatory publications made by Linehan on his Substack account. Additionally, the court's decision allows Paisley to pursue claims related to defamatory comments made by third parties under Linehan's articles. The judgment, delivered by Deputy High Court Judge Aidan Eardley KC, sets important guidance for interpreting defamatory statements in online publications.

Cohen Davis win an injunction in a blackmail case

In this blackmail injunction case, our client, who was subjected to blackmail was a US citizen who worked in the financial services industry and the entertainment business. He occasionally visited the UK for the purpose of his business. He was married and a father to a child.

Defamation including false allegations of sexual assault

In this libel defamation case, Yair Cohen and Filiz Kiani of Cohen Davis Solicitors represented Jack Aaronson, also known as Dominic Ford, owner of the platform JustforFans.com,  where he took Marcus Stones, popularly known as Mickey Taylor to court. The case, presided over by Mr Justice Julian Knowles at the Royal Courts of Justice in London, shed light on the power of social media and the consequences of false accusations. Let's delve into the facts of the case and the judge's ruling.

Is it possible to obtain defamation injunctions prior to publication

Slander and libel warning letter to the website operator

Sending a pre-action protocol letter following a defamatory publication online 

Important factors to consider before taking legal action for defamation on the internet

How to make a sensible decision whether to take legal action for libel

What to do if you are falsely accused of rape

Suing for defamation after being cancelled

Cohen Davis win the first ever case of damages award for defamation and breach of data

How to protect yourself against online defamation

What to do when a user posts defamatory content about you on social media

It's no secret that social media can be a breeding ground for defamatory content. Whether it's an ex-partner airing your dirty laundry, or a disgruntled employee badmouthing your company, this type of content can have a major impact on your reputation.

How you protect yourself against false accusations on the internet

False accusations on the internet have become a common occurrence, with the ease of access to social media and other platforms making it easier for anyone to share information without double-checking its validity.

Unfortunately, this has caused a great amount of harm to innocent people, who have been wrongfully accused of wrongdoing and have no means of defending themselves.

How can a business defend itself against defamation online

What happens when a business is being defamed online? Can anything be done about it or free speech is king? The following case study gives some answers to these questions by considering a typical situation of online defamation which small and medium size business often face.

What is defamation by innuendo

Defamation by innuendo refers to misleading implications in statements that can subtly damage a person's reputation without making direct accusations. The vast and rapid spread of information online, coupled with a tendency for sensationalism, makes such indirect defamation particularly harmful on the internet. Essentially, it's like whispering rumors, but on a global scale, where insinuations can be mistaken for truths.

What to do if you are subjected to false allegations of sexual assault on Instagram

One major issue that has become increasingly common is the rise of false allegations of sexual assault on Instagram. While the platform has been a powerful tool for genuine victims to share their stories and seek support, it has also been used by individuals to make unfounded claims of sexual assault against others. These false accusations can have devastating consequences for both the accused and the credibility of genuine victims.

Furthermore, the ease of sharing information on Instagram means that these allegations can quickly go viral, causing irreparable damage to a person's reputation. As such, it is crucial to address this issue and understand the impact of false accusations on both the accused and the larger community. In this article, we will delve into the prevalence of false allegations of sexual assault on Instagram, the potential motivations behind them, and the steps that can be taken to combat this troubling trend.

Social media lawyers and internet law specialists

Why you should consult a solicitor before making a defamation claim

While you don’t need to have a lawyer representing you in your defamation case, you will be wise to ensure that you have proper legal representation in place as early in the proceedings as possible Consulting a solicitor before making a defamation claim is crucial due to the complex nature of UK defamation law. When a defamation claim is unsuccessful, discontinued, or dismissed by a judge, it can exacerbate the situation. Such an outcome may inadvertently suggest to the public that the content in question was not defamatory, regardless of whether the claim was dismissed based on a technicality or a substantial issue. This perception can cause significant damage to the claimant's reputation or standing, potentially more so than the original alleged defamation.

Defamation by Investors Case study

This case study demonstrates how companies may manage a situation where defamation by shareholders results in losses, profits or reputation woes!

Emergency defamation injunctions: A guide

When it comes to online defamation, individuals and organisations often face the critical decision of whether to seek legal intervention before harmful content is published. Understanding the nuances of interim injunctions for defamation is crucial for anyone seeking to protect their reputation pre-emptively. This article aims to explain, in simple terms, the concept of interim defamation injunctionsand the considerations involved in pursuing one.

Why do you need to send a letter before legal action in defamation cases

In the UK, sending a letter before action in defamation cases is a critical step that aligns with the Civil Procedure Rules' pre-action protocols, aimed at encouraging dispute resolution outside of court. This letter not only provides the defendant with a chance to rectify the issue, potentially avoiding litigation through apologies, retractions, or compensation, but also serves as a compliance measure that can influence legal costs in court. It clarifies the claim by detailing the defamatory statements and their impact, and signifies the claimant's intent to pursue legal action, thus encouraging a more serious and constructive response from the defendant.

How to obtain disclosure from a website operator if you live outside the United States

Numerous strategies exist for obtaining disclosure from a website, online platform, or company based in the United States. It is difficult to find an attorney who is highly experienced in securing disclosure orders from the US at speed and in a cost-effective way.

All you need to know about Norwich Pharmacal Orders

Norwich Pharmacal Orders are a legal mechanism used in the UK for obtaining information from a third party involved in wrongdoings or unlawful activities. This legal remedy, named after the landmark case of Norwich Pharmacal v Customs and Excise Commissioners, is widely used in various litigation cases, ranging from intellectual property disputes to cybercrime investigations. However, despite its frequent usage, the Norwich Pharmacal Order remains shrouded in mystery and confusion amongst many legal practitioners and individuals.

28 U.S.C. § 1782(a) applications are no longer just for the rich

The process of gathering evidence in internet law international litigation can be a complex and costly task. One way to reduce the burden of cost is through the use of 28 U.S.C. § 1782(a), which allows parties in a foreign proceeding to obtain discovery in the United States.

However, the costs associated with this process can often exceed the benefits, rendering it impractical for many parties. We are very proud of our team who managed to turn applications under 28 U.S.C. § 1782(a) from super-expensive into the far more affordable procedure it is now for our UK clients and for our clients from all over the world, despite the inherent complexities and costs associated with the process.

How to find out the identity of online criminals

Financial crimes online have become more prevalent and sophisticated with the rise of digital technology. Countless people have suffered losses at the hands of cybercriminals who operate anonymously, making it challenging to track them down.

Norwich Pharmacal orders have been an instrumental tool in the legal system to assist people who have been victims of online financial crimes. This order compels third parties that have information to reveal the identity of cybercriminals who engage in illegal activities online. The challenge, however, for the victims of the crimes, is obtaining a Norwich Pharmacal order fast and cost effectively.

28 U.S.C. § 1782(a) made easy

Given the global nature of the internet, there is a constant need for various court orders to be domesticated in foreign jurisdictions. Many social media companies, domain name registrars, servers and gaming platforms are located in the US. This makes obtaining disclosure by a non-US individual from those platforms a challenging task even for experienced lawyers.

What can I do about an unfair Google review?

Whilst Google's review policies are stringent and aimed at ensuring that every review is legitimate and unbiased, there are situations that warrant removing a review, such as if it violates Google's content policies or is fraudulent. There are also instances where a review may be removed following a request from a business owner or a third party, such as their solicitors. To get a better understanding of under what circumstances Google would remove an online business review, we will examine the different policy violations and instances that may warrant removal in this blog post.

We work relentlessly to shield our clients from internet defamation

Each day, we help our clients defend against defamation on the internet. Fighting online defamation is one of the core areas of our law firms. Every day, we help our clients defend against online defamation and other types of digital attacks. We understand how important a business’s online reputation can be, and that's why we strive to help protect it.

Legal advice on business reputation

At Cohen Davis, we understand how important it is to protect your online business reputation. Your reputation is on the line every time you put something online and each time you interact with a customer or a client, and anything negative that is said about your business can spread like wildfire, damaging it beyond repair. In today's digital age, it's critical to have a solid online reputation management strategy in place to protect your business from these potentially devastating consequences.

How do you fight fake reviews

Online reviews can significantly impact a business's reputation and bottom line. However, not all reviews are genuine; fake and defamatory online reviews  are a growing concern. Businesses, particularly small ones, can find themselves at the mercy of false accusations on the internet, often orchestrated by competitors. This deceptive practice not only skews public perception but can lead to serious financial harm.

Emergency injunctions

An emergency injunction is a legal order that can be issued by a court in order to protect someone from imminent harm. This type of injunction is typically used in cases of blackmail, harassment and breach of privacy where there is a clear and present danger to the victim.

Solicitors in online reputation due diligence

As businesses increasingly move towards an online presence, the importance of maintaining a positive reputation on the internet has become vital. This is especially true for those considering purchasing a business, as it is essential to have a clear understanding of the reputation and online presence of the company before making any commitments.

Why carry out reputational due diligence

Protect your investment: conduct due diligence

Avoid surprises: professional research of online reputation

Potential red flags: check websites

Monitor social media presence regularly

Reputation rating: a crucial factor

Trust a specialist reputation solicitor

Thoroughly investigate before purchasing

Our specialist reputation solicitors will help secure your business's future success

How to remove news articles about your court case from the internet

A full guide to Google disclosure requests

Defamation no win no fee - Our commitment to justice

At Cohen Davis, we specialise in defamation cases, understanding the critical impact they can have on individuals and organisations alike. We believe in access to justice for all, which is why each year we offer to take on an increasing number of cases on a "no win no fee" basis under Conditional Fee Agreements (CFA). This approach underscores our dedication to helping those affected by defamation, regardless of their financial situation.

How to decide whether to take legal action for defamation

How to take legal action for defamation against an anonymous user

The defamatory hub of Tattle.Life

As the number of victims on this platform is at all time high, Cohen Davis, together with other organisations are committed to bringing justice to those influencers and celebrity affected

What to do if you are falsely accused of rape on social media

How to remove a defamatory Google review

One of the most frustrating aspects of Google reviews for business owners is that people can post defamation anonymously, without having to property identify themselves. This makes it difficult to prove to Google that the review you are complaining about is fake.

Can you sue someone for spreading lies about you on the internet

How to write an online review which is not defamatory

How to take down negative articles from the internet

Moderating posts on a review website. What are the requirements and what should your policy be

There are different rules for website operators in the UK, which place more responsibility on them rather than on operators of websites in the United States.

Are website operators in the UK responsible for comments posted on their website by third parties

Online reputation attack legal advice

A successful case of ICO right to be forgotten appeal

Defamation by investor case where a shareholder was held liable for defaming a company

The case of removal of search results from Google worldwide 

Harassment of teenagers on social media and at school

Fake online reviews about restaurants legal advice

How to remove online reviews from review websites outside the UK

Can a company take legal action for a negative review

How to deal with fraudulent review websites

What to do if you need to uncover the identity of your internet troll

Who can have search results removed under a right to be forgotten

Defamation solicitors with focus on internet and social media law

Strategies and approaches for removing fake online reviews

In this case study, we explore the challenges faced by a small business suffering from defamatory online reviews and the strategic approach taken by a law firm to effectively remove fake online content. By examining the specific steps, legal tactics, and collaborative efforts employed, this article aims to provide valuable insights for businesses dealing with similar issues and highlight the importance of a tailored, cost-effective approach to addressing online defamation and protecting a company's reputation.

How to respond to an online reputation attack

How to remove a review from Yelp.com

How to remove a business review from ReviewCentre

Is it illegal to post fake online reviews

Why clients choose to work with Cohen Davis Solicitors

Does SEO work to clear bad online reputation

How to stop a UK harasser from harassing someone in another country

Legal advice about social media from an expert social media lawyer

How to remove a defamatory fake reviews from TripAdvisor

How to handle PR and reputation crisis

How to remove a defamatory YouTube video

What laws affect online businesses in the UK