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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48783
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son has been bullyed at school ans because ive mentioned

Resolved Question:

My son has been bullyed at school ans because ive mentioned it to a few people , the parents have been to see a solicitor saying it slander , can I get into trouble?also I thought slandercwas something that was said that wasnt true , please can you advise me? Many thanks karen
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. I presume it is only your son's account of events that you have as evidence of this?

Customer:

It is yes

Ben Jones :

ok let me get my response ready please

Ben Jones :

I would say that they are just trying to make empty threats and scare you off rather than making genuine and valid threats of defamation (this includes slander and libel). First of all, certain conditions must be met for the statement to be classified as defamatory. These are:


 


1. The statement has to be untrue.


2. It must directly identify the complainant.


3. It must have been published, usually communicated to at least another person.


4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.


5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant.


 


Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, they would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect.


 


Showing that the statement was truthful is the ultimate defence to defamation and if you can prove that the statement you made was true, then there would be no defamation.

Customer:

Thats very helpful mant thanks.

Ben Jones :

you are most welcome

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