Are Companies Liable for Defamatory Comments Posted by Employees?
An interesting question frequently asked by many employers, both large and small, is whether a company can be held liable for defamatory comments posted by its employees. The answer is yes, a company can be vicariously liable under certain circumstances.
Vicarious Liability
In the UK, companies can be held liable for defamation committed by their employees if the defamatory statement was made in the course of employment. This is known as vicarious liability.
It's important for companies to have clear policies and guidelines in place regarding employee conduct, especially when it comes to public statements or communications that could harm someone's reputation. Do you need more information on how vicarious liability works in cases of defamation by employees?
Vicarious liability and defamation
Vicarious liability refers to the responsibility of an employer for the actions of its employees if those actions are performed within the course of their employment. If an employee uses company computers, offices, or equipment to post defamatory comments, the company could be held accountable.
Legal precedents and implications
The case of Paul Britton and Origin Design highlights the severe consequences of online defamation and harassment. Britton, a web developer, created false websites targeting a client, leading to both criminal and civil legal action for harassment and defamation. This case demonstrates how defamatory actions, especially those intertwined with harassment, can lead to significant legal repercussions for both the individual and the employer if company resources are used.
Cohen Davis lawsuit for defamation
In the lawsuit filed by Cohen Davis, both Britton and his company were successfully sued for defamation. Origin Design was liable for Britton's actions because he used the company's resources to carry out the defamatory acts. The case was successful on the basis that Britton's actions were closely connected to his employment duties, making the company liable.
In this case, which was reported by the Evening Standard, Paul Britton, while employed by Origin Design, created malicious websites to defame a client using the company's resources. Despite clear evidence of Britton’s misuse of company assets for defamation, Origin Design initially denied liability. This denial persisted even after they became aware of the true facts. The company’s refusal to acknowledge their employee’s misconduct and take immediate corrective action led to substantial reputational damage when they were eventually found liable in court. This scenario underscores the critical importance of a prompt and transparent response to defamation claims.
Conditions for company liability for defamation by employees
A company might be liable if the defamatory act is carried out using company computers, networks, or offices, as seen in the Britton case, where company resources were used to create defamatory content. Additionally, if the employee’s actions are performed within the course of their employment duties, the company may be held liable.
In Britton's case, his role involved web development, and the defamatory websites were created using his professional skills and tools provided by the employer. Lastly, if the employer knew or should have known about the employee’s actions and failed to take appropriate action, the company might be liable. An employer’s failure to address known defamatory actions by an employee can be seen as negligence, contributing to the company’s liability.
Protecting your company from a reputational disaster
Companies should develop clear policies that define acceptable and unacceptable use of company resources, specifically addressing defamation and online behaviour. Regularly train employees on the legal implications of their online activities, especially regarding defamation, and implement monitoring systems to oversee the use of company computers and networks to detect and prevent inappropriate behaviour early on. If a company receives a defamation complaint, it must conduct a thorough investigation immediately. Ignoring such complaints can lead to further legal and reputational damage.
If there is a possibility that the company could be liable, it is crucial to consult a solicitor. The solicitor can engage with the claimant on a "without prejudice" basis, aiming to resolve the matter amicably. Taking proactive steps to address the complaint can help avoid litigation and minimise reputational harm to your entire company.
Read more about employer's liability to employees defamatory activities