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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47349
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I publish a magazine local residents' association.

Resolved Question:

I publish a magazine for my local residents' association. I publish it through a UK Ltd company. I would like to know, if I were to libel someone, would they be able to sue me personally (ie for my personal assets) or only the company?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. I presume you are the author of the potentially defamatory articles?
Customer: replied 1 year ago.
This is a hypothetical. I have just taken over the magazine. I am the editor but I also write articles as do others.
Expert:  Ben Jones replied 1 year ago.
If you are the author of the offending articles then you can be sued personally, although the magazine can also be used at the same time as the publisher. So you cannot hide behind the company for statements you had personally made. It is nevertheless a defence in defamation proceedings for a person to show that:(1) he was not the author, editor or publisher of the statement complained of;(2) he took reasonable care in relation to its publication, and(3) he did not know, and had no reason to believe, that what he did caused or contributed to the publication of a defamatory statement. If a person is only involved in printing, producing, distributing or selling printed material containing the statement then that person is not to be considered the author, editor or publisher of a statement. However, if you were writing the articles and editing and then publishing them you will have personal responsibility too, together with the company. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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