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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46195
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There is an angry woman who is posting lies and spreading

Resolved Question:

Hi, There is an angry woman who is posting lies and spreading rumours about my wife and I, and our business on Facebook and instagram. Can we stop her? Do we have a claim against her?
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 8 months ago.

Is this person personally acquainted or is she a customer/client?

Customer: replied 8 months ago.
Haven't checked our purchase history, will do that now. But no, we don't know her peronally
Expert:  Ben Jones replied 8 months ago.

OK thank you. Please do confirm after you have checked your purchase history. Once I have received this information, please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 8 months ago.
She's not a customer. She just seems really angry because we've asked her to stop trying to pass her stuff off as ours.
Customer: replied 8 months ago.
The screen grab is one of about 4 posts she's made on instagram and facebook combined.
Expert:  Ben Jones replied 8 months ago.

OK thank you. Do leave it with me. I will get back to you at the earliest opportunity. Many thanks.

Customer: replied 8 months ago.
thank you
Expert:  Ben Jones replied 8 months ago.

No problem at all.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46195
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
this is urgent for us
Expert:  Ben Jones replied 8 months ago.

Thanks for your patience. There are a couple of options here – one is defamation or malicious falsehood and the other is harassment.

Whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now.

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, you 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.

You must also consider whether the party alleged of making the defamatory statement can defend the claim. Even if you satisfy the criteria to prove the statement was defamatory it could be defended on a number of grounds, including by providing evidence that the statement was substantially true or an honest opinion.

There is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position, but I would not recommend that you actually proceed with a claim for defamation due to the issues highlighted above.

The other option is harassment, which could be both a civil matter and a criminal one. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.

Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim.

In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue.

So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.

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