The law of defamation is complex and the boundaries sometimes blurred. In basic terms defamation relates to words which negatively impact the reputation of a person (or persons) in the minds of ‘right thinking' members of the public. Defamation is therefore concerned with protection of reputation.

Those claiming to have been subjected to defamatory actions must have a reputation that can be damaged in the first place, which is where complications can arise and uncertainty creeps in. A large organisation or public body arguably do have a reputation to protect whereas a private individual may not.

Defamation can be broken down into two distinct aspects, known as libel and slander. Libel refers to defamatory comments when they are written down, including the use of images. The popularity of the internet and use of email means a lot of libel claims now relate to words written in electronic communication. A claimant must demonstrate that the allegedly damaging words or images were published so that someone other than claimant and defendant were exposed to them.

A landmark case which set a precedent for libel claims worldwide was that of Laurence Godfrey v. Demon Internet Limited. UK based lecturer Dr. Godfrey alleged Demon failed to remove material from one of their hosted newsgroups. The material was deemed damaging to Dr. Godfrey's reputation and Demon certainly paid the price for not removing the material when requested to do so as Dr. Godfrey subsequently won the case.

Slander is different because it relates to the spoken word and is much harder to prove as evidence is trickier to present in court. Because of this reason, coupled with the fact that spoken word is deemed less powerful and damaging than printed or broadcast word, damages for slander cases tends to be smaller.

A high profile slander case you may recall involved Victoria Beckham, the wife of famous footballer David Beckham. Mrs Beckham allegedly slandered an autograph dealer in the United Kingdom, claiming one of her husband's autographs was a fake. This unfortunate incident left the singer and mother not only red-faced but around £150,000 out of pocket as well. Let that be a lesson to us all that it pays to think before you speak.

If you are thinking of filing a defamation claim there are some important factors that must be considered and which will strengthen your case. Amongst other things you must have sufficient details to prove the existence of the publication or broadcast of the offensive words or images. It helps to have a recording, transcript or copy of the alleged offence - the more information the better. What must also be proven is exactly why the actions have been deemed damaging and inappropriate along with details of the remedies sought.

If, however, you are thinking of filing a libel case the first action you should take is of obtaining professional advice for your specific circumstances.

Isla Campbell writes for a digital marketing agency. This article has been commissioned by a client of said agency. This article is not designed to promote, but should be considered professional content.