Defamation and harassment on social media — what to do if you’re a victim of online abuse

In a recent high-profile dispute, former Premier League footballer Joey Barton was ordered to pay broadcaster Jeremy Vine damages totalling £110,000 after branding him a ‘bike nonce’ on social media (X, formerly Twitter). The statements made by Mr Barton gave rise to claims for defamation, harassment and invasion of privacy by Mr Vine.

This is just one example of how social media is contributing to a rise in defamatory and harassing content. Here, we discuss the legal and ethical implications of regulating such content and what actions can be taken if you find yourself to be a victim of defamation and/or harassment online.

Libel vs slander — defamation in the UK explained

Defamation in the UK is primarily governed by the Defamation Act 2013, which distinguishes between libel (written defamation) and slander (spoken defamation). 

On social media, libel is the primary concern. For a statement to be defamatory it must be false, published to a third party and cause (or be likely to cause) serious harm to an individual’s reputation. When it comes to businesses, a statement must cause (or be likely to cause) serious financial loss.

Social media's vast reach means that defamatory content can spread rapidly, causing significant reputational damage before the truth can be established. The widely reported defamation case between Coleen Rooney and Rebekah Vardy is a prime example of just how quickly defamatory content can spread on social media and the potential impact it can have. 

Mrs Rooney's famous online post received 263,900 ‘likes’ — and the Court will consider the ‘viral’ spread of a social media post when considering online content disputes. Social media platforms can also be held liable for defamatory content if they fail to act on it.

However, ultimately, Mrs Rooney was successful in defending the libel claim brought by Mrs Vardy on the basis that the statements made were held to be “substantially true”.

Cyberbullying and trolling — harassment in the UK explained

Harassment on social media can comprise cyberbullying, trolling and targeted harassment campaigns. The UK's Protection from Harassment Act 1997 and the Malicious Communications Act 1988 — in addition to other communications legislation — provide legal tools to address such behaviour. 

Harassment involves a course of conduct that causes alarm or distress, while malicious communications involve sending messages that are grossly offensive, indecent or threatening. The anonymity and distance provided by social media often embolden individuals to engage in such behaviour, leading to severe emotional and psychological distress for victims.

In another recent case, Rhiannon Evans pleaded guilty to pursuing a course of conduct that amounted to harassment after she sent four videos of herself breaking wind to her boyfriend’s former partner, Deborah Prytherch, via WhatsApp. The conduct was deemed to have been sent with “malicious intent” and had made Ms Prytherch no longer feel safe in her own home. 

This case highlights the ever-evolving nature of cyber harassment.

Protection vs free speech

Balancing free speech with the need to protect individuals from defamation and harassment is a complex ethical challenge. Social media platforms must navigate the fine line between allowing open expression and preventing harm — and managing this at immense scale is difficult. Overly aggressive moderation can stifle legitimate expression, while too lenient an approach can allow harmful behaviour to flourish.

To give an example, Instagram (owned by Meta) has implemented various measures to address these issues, such as content moderation policies, reporting mechanisms and artificial intelligence tools to detect harmful content. However, these measures aren’t complete solutions and often draw criticism for either being too restrictive or not being effective enough.

The company is now wrestling with new regulations in the UK, EU and various other jurisdictions. 

What to do if you’re subjected to online defamation or harassment

If you’re the victim of online defamation or harassment, it’s critical to:

1. Keep a copy. Make sure to fully document the problematic content by collecting screenshots, URLs and any other relevant evidence to support your case/complaint.
2. Act fast.  It can save time and money to act quickly and try to nip a problem in the bud.
3. Seek legal advice. Consult with a specialist defamation and harassment lawyer who can analyse your case and provide you with guidance on the best options. These may include sending cease-and-desist letters or considering further legal action, with potential remedies including damages, injunctions and public apologies. 

Talk to us

Our specialist defamation and harassment lawyers have strong track records in securing significant damages, apologies, retractions and other orders to protect the rights of our clients.

We have extensive experience in supporting business men and women, athletes, professionals and all manner of high-profile individuals and organisations.

Talk to us by giving us a call on 0333 004 4488, sending us an email at hello@brabners.com or completing the contact form below.