Decoding 'Wagatha Christie' - Understanding Defamation and its Legal Labyrinth

Have you seen the latest documentary, "The Real Wagatha Story", on Disney+? It is the latest documentary about the Vardy v Rooney defamation case (better known as "The Wagatha Christie trial"). These programmes can use some complex legal terminology surrounding the topic of defamation. This article will help you understand what defamation is and shed light on some of the common key phrases used in defamation hearings.

What is Defamation?

Defamation is a statement, either written or spoken, that adversely affects the reputation of an individual or a business. If the statement is true or someone's honest opinion, it is unlikely to be defamation. To have a successful claim against someone for defamation, you will need to establish that the words used are defamatory.

You must show that as a result of the statement:

• The public at large (not just a group of people) now has a lower opinion of you;
• People are treating you differently, and
• Has caused, or is likely to cause, serious harm to your reputation.

If you are a business that trades for profit, you must demonstrate that the defamatory statement has caused you severe financial loss.  

What's the difference between Libel and Slander? 

The distinction between the two is that libel concerns "permanent" forms of publication such as print, online or broadcasting. Slander involves more temporary forms, such as spoken words or gestures. It's generally more straightforward to prove someone has made a libel comment as there will be evidence in writing.

In contrast, slandering comments are more challenging to prove. In addition to showing the statement is defamatory, you must also prove you have suffered "special damages" as the direct, natural and reasonable result of the slanderous comment. The exception to this is where the words used suggest that you have committed a crime and that you will be punished as a result (i.e. imprisoned) or the words are used to disparage you in your profession or career, which you held at the time the words were said.

"Special Damages" are actual or sequential losses capable of being estimated in money. It will not be enough to say that you have suffered distress.

The power of a word

The words used in a defamation matter are always at the centre of discussion. This is because words may be interpreted differently by each person who reads or listens to them. The publisher's intention is treated as irrelevant; the court decides on the meaning as an objective matter of fact. The court will need to establish what the correct definition of the words are.

The starting point for this would be to use the ordinary meaning of the word in the context of the statement. A judge should not look at the dictionary definition of the word but rather consider what the word means in the context of the statement and where the statement was made. For example, a post you read on social media will differ from an article you read from a broadsheet newspaper.

Be careful of what you repeat

Someone who repeats a defamatory statement from another person is treated as having made the original statement themselves. Saying something based on what you heard from someone else does not excuse you from saying it. Be careful; it could land you in trouble!

How long do you have to take action?

If someone says or publishes anything defamatory, you do not have long to take action against them. You must start court proceedings within one year from when the comment was made. While you might not believe this time frame is enough to demonstrate that the statement has already inflicted significant harm, you should be able to establish that the statement is highly likely to result in severe damage to your reputation.

For additional information and guidance on potential defamation claims or defending against defamation allegations, please reach out to Mollie Leak, our Commercial Litigation and Defamation Specialist. Mollie and her team will be able to provide you with comprehensive assistance in exploring your options and pursuing a favourable resolution.

Contact Mollie on 023 8071 7487 or email mollieleak@warnergoodman.co.uk.