My ex is badmouthing me online - what can I do?

Typically, a defamatory statement is a statement that reasonable members of society would think damages your reputation, writes solicitor Stephen Coppinger.

Wed, 06 Dec, 2023 - 11:36

Stephen Coppinger

Dear Stephen,

I am a farmer, who only really uses social media to stay in contact with friends and for classifieds. However, I have been informed by friends that an ex-partner has made several posts on a large social media group with many members where an allegation was made against me and my character, which is untrue and has caused me great distress and upset.

What are my legal options here, and can I potentially look to bring a case against the person who made the statement?

Dear Reader,

You potentially have legal redress under the Defamation Act 2009. You could consider bringing a claim for defamation against the person who made the statement that you are saying is untrue.

Under Irish law, you can take legal action against a person or a corporation who makes a defamatory statement to another person. Typically, a defamatory statement is a statement that reasonable members of society would think damages your reputation. A statement is not defamatory if it is proven.

Under Section 6 of the Defamation Act 2009, it states that a defamatory statement concerns a person if it could reasonably be understood as referring to him or her.

This would mean that the statement that you have mentioned would have to identify you. Under Section 6, there has to be publication for the purposes of the defamation.

Examples of publication would include a statement made in front of another person, comments made on social media, newspaper articles and posts on the internet.

From what you have stated to me, it appears that a statement has been made on social media which identifies you, which you are stating is untrue. Based on that, it would appear likely in the circumstances, that you could look to bring a claim for defamation.

As I have already stated, under Section 16 of the Act, if it can be proven that the statement is true, this can operate as a Defence to a claim for defamation. The remedies under the Defamation Act include the following:

A Declaratory Order, which would state that the statement is false and defamatory to the person.
A Correction Order, directing that the Defendant would have to publish a correction of the defamatory statement.
Damages, which would include general damages for pain, suffering and loss.

The level of damages would depend upon a number of circumstances and the court would have regard to the following:

The nature and gravity of any allegation in the defamatory statement.
The means of publication of the defamatory statement.
The extent to which the defamatory statement has been circulated.
As to whether there has been an offering or making of an apology or a correction.
The importance to yourself or your reputation in the eyes of, in particular, all recipients of the defamatory statement.

You would have to give consideration as to whether this person potentially would have funds to pay damages or satisfy a costs order on the basis that you were successful in a claim for defamation against them.

If you were considering bringing a claim against the social media platform, there are two defences, which are typically used by social media platforms or providers, which are innocent publication and the hosting defence.

Innocent publication is dealt with in Section 27 of the Defamation Act, which states that the social media provider would have a Defence if they took reasonable care in relation to the publication, and that they had no reason to believe that that what they did caused or contributed to the publication of a statement would give rise to a cause of action and defamation.

I would advise that you take legal advice and engage a solicitor if you wish to consider bringing such a claim. Please note that the Statute in respect of defamation claims is one year from the date of the statement.