Defamation in the digital age

In today’s hyper-connected world, a single message can reach thousands in seconds. Social media channels have revolutionised how we share information — fast, direct, and often viral. But with that speed comes risk and you can quickly find yourself and your business at the centre of a reputational storm.

In this article we set out a summary of the key law in this area and some practical steps on how to tackle reputation management crises as they unfold.

Developments in social media

We often see the mainstream social media platforms used as channels to spread defamatory content particularly with the rise of social media influencers and the popularity of review accounts. Posts, stories and other content can be disseminated to followers and shared widely, amassing thousands of views within minutes.

We have also seen a rise in the use of lesser-known platforms such as Telegram which was founded in 2013. Telegram is increasingly popular among individual, non-institutional, investors for discussing investment opportunities in publicly listed companies. We have seen an upsurge in use of the platform by often disgruntled minority investors to publish defamatory material - perhaps reflecting the current economic downturn and its impact on the market.

Telegram is a messaging app through which users can create groups for up to 200,000 people or channels for broadcasting to unlimited audiences. WhatsApp, by comparison, limits a group to 1000 users. Telegram therefore provides another platform where misinformation can be spread quickly, and to vast numbers of people, at the touch of a button.

Defamation

There are separate actions that fall under the umbrella of defamation:

• Libel: concerns the publication of a statement in a lasting form such as writing or broadcast. It is generally most relevant to publications made via social media platforms; and

• slander: concerns more transient forms of publication such as spoken word.

To bring a successful libel claim a party must show that statement:

• identifies the claimant;

• is defamatory i.e. the statement is capable of lowering the claimant in the estimation of right-thinking members of society ;

• has been published to a third party (or a number of third parties); and

• has caused, or is likely to cause, serious harm to the claimant - for a corporate claimant the requirement is serious financial loss.

Publication

Messages, videos, posts, stories, and broadcasts shared on social media platforms such as Telegram can constitute a ‘publication’ for the purposes of a defamation claim.

For there to have been a ‘publication’, the words complained of must have been communicated to a third party. Each time defamatory material is communicated to a third party, it constitutes a separate publication and may give rise to a separate claim. Any form of communication to a third party including by email and WhatsApp message is capable of amounting to a publication. Other examples of publication include:

• Sending a message in a group chat

• Posting a video or story

• Broadcasting content to a channel

For example, on Instagram, each ‘view’ of a story is considered a separate publication. On Telegram, if defamatory material is shared in a group or broadcast on a channel with an unlimited audience, each time the content is accessed or downloaded, it is considered a separate act of publication.

This means that defamatory content shared on social media can quickly reach large audiences, increasing the risk of significant reputational damage. Many users are unaware that sharing defamatory content on these platforms can have serious legal consequences.

Reputation management

With the speed and reach of social media platforms, it is easier than ever for defamatory statements to pose an immediate threat to a business’s reputation. This risk is particularly acute during critical and time-sensitive events, such as funding rounds.

Acting quickly to seek advice is often critical to protecting your position. Early intervention can help resolve disputes before they escalate, minimising fallout and limiting damage to the business. It can also reduce the likelihood of ‘full-blown’ litigation. Where litigation is unavoidable, prompt action can strengthen your position and ensure you have access to the full range of remedies, including injunctive relief where appropriate.

Protecting your business

There are practical steps that you can take to protect your business and its reputation:

1. Monitor proactively: Before and during key business activities—such as investment rounds or product launches—regularly search for mentions of your company. Use search engines (e.g., Google), social media platforms (e.g. TikTok, X, Instagram, Telegram), news outlets, and other relevant sources to identify and flag any items of concern.

2. Act quickly: If potentially defamatory material is identified, seek legal advice immediately. The appropriate response will depend on the specific facts, the wording of the publication, the likelihood of serious financial harm, and your wider commercial objectives.

3. Limit damage: The first objective is usually to prevent further spread of the defamatory content. Options include issuing cease and desist letters, submitting takedown notices, or requesting corrections.

4. Respond carefully: Any initial response may itself be published, so it must be carefully considered. This initial interaction needs to be carefully considered and can, if not carefully managed, fuel further unwanted action. Sometimes, the best course of action is to do nothing—especially if responding could escalate the situation. The old adage “today’s news is tomorrow’s chip paper” can still apply.

5. Consider injunctive relief: If necessary, we can assist you to seek an injunction through the courts to require removal of the defamatory content. The threshold for obtaining an injunction is high; you must show that the company would suffer serious harm if the content remains available. Specialist advice should be sought on a case-by-case basis.

6. Be mindful of SLAPPs: Avoid taking steps that could be seen as Strategic Lawsuits Against Public Participation (SLAPPs). While it is legitimate to protect your reputation, actions should not be used to stifle lawful investigation or public interest discussion. Any response must not amount to an attempt to silence legitimate expression.

If you would like to discuss how to protect your business, please contact Amanda Burge and Jade Salton-Brooks.