Libel & Defamation

When determining whether something is defamatory, any court must look at what exactly was said or written, and the circumstances in which it was made.  The law of defamation holds that for a publication to be legally libelous, a court must be convinced that the average person on the street hearing/reading the statement would think less of the plaintiff to whom the statement refers.

As with any defamation claim, the context of the allegedly defamatory statement is king. The key for any prospective defamation plaintiff is to think critically about two questions: (1) does this statement hurt my reputation, or just my feelings.  (2) if it’s the plaintiff’s reputation/competency etc. that’s on-the-line, how much harm has been caused

Defamation can be especially damaging in fields like medicine where the profession is relatively small and tight-knit. A well-aimed defamatory statement in a letter or over an email can mean the difference between a medical student or doctor getting their next big promotion or professional opportunity. If the statement is particularly harmful, it can affect an entire career.

Lawsuits are lengthy and expensive endeavours, so for those considering a defamation claim, the damage to your reputation must be worth the trouble of a court case.