Defamation cases increase caused by spats on social media

HARSH restaurant reviews and social media spats are being blamed for a sharp increase in defamation cases, lawyers have said.

The number of defamation lawsuits handled by the Queen’s Bench Division of the High Court has almost trebled from 112 in 2016 to 323 last year, Ministry of Justice (MOJ) figures show.

A law firm dealing with defamation cases said the rise was partly due to people not realising they could face court action over things they post on the internet or on social media.

JMW Solicitors said it has dealt with a sharp rise in cases since 2018, which stemmed from people posting content on social networks or websites.

‘Everyone with a social media account is now a publisher, albeit without traditional legal checks’

Some of these actions were started by businesses who said they had been the victim of “demonstrably unfair” online reviews, as well as by individuals who had been subject to smear and harassment campaigns.

Laura Wilkinson, an associate solicitor for the firm, said in previous generations the majority of defamation disputes would have involved traditional media, but now anyone on social media is “effectively a publisher”.

“There can be little doubt that social media users are fuelling the increase in defamation claims,” she said.

“Everyone with a social media account is now effectively a publisher, albeit without the kind of legal checks and controls which are integral to more traditional print and broadcast outlets.

“That means there is no filter to prevent defamatory comment making its way before a global audience in seconds, with all of the complications and problems that can create.”

The MOJ figures show that almost a third of defamation claims last year were worth more than £50,000.

The number of cases involving damages demands between £15,000 and £50,000 has doubled since 2016, the figures revealed.