What can you do if someone is trying to discredit your business?

Ben Jenkins - Head of Commercial Litigation, Harding Evans

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In an increasingly digital world, a business’ reputation can be challenged quickly and, at times, unfairly. Ben Jenkins, Head of Commercial Litigation at Harding Evans, looks at the steps you can take if someone is trying to discredit your business.

Whether through social media, online reviews, or word of mouth, any attempt to discredit your business is not only worrying, but it can also distract you from driving your business and have serious consequences.

Not all negative comments amount to defamation. People are of course entitled to express genuine opinions, even if they are critical.

However, if someone is making false statements presented as fact that harm your business, this may cross the line into defamation.

While the Defamation Act 2013 has been designed to protect businesses that find themselves in this situation, it is not a straightforward area of law and often requires a business to demonstrate that they have suffered, or are likely to suffer, serious financial harm because of the statements.

It is therefore important to document everything. It is also crucial to be mindful of timescales, as defamation claims are subject to a strict limitation period of 12 months.

Look at the words that are being used and how anyone who is reading those words would interpret them. If the defamatory statements are online, take screenshots, noting where and when they were published and, particularly if they are on social media, the number of impressions and/or level of engagement – likes and shares, etc.

You also need to consider why you think the comments are sufficiently serious to warrant further action. Track any impact on your business, if you can.

Evidence such as a drop in sales, cancelled contracts, or customer feedback referencing the statements can be particularly valuable if the situation escalates.

If you believe your business is being unfairly targeted, it is important to act quickly but strategically. Responding publicly in a calm and professional manner demonstrates transparency and accountability, which can reassure existing and prospective customers.

Avoid prolonged or emotional exchanges which can sometimes make the situation worse.

Where the allegations are serious or begin to affect your business financially, you should seek legal advice as early as possible to prevent further damage.

Your solicitor will advise you on what you can do next, which may involve contacting the individual or organisation responsible and requesting the removal of the content.

In more formal cases, a Letter of Claim can be sent to them, setting out the legal basis of your complaint and the remedy you are seeking.

In most cases, disputes of this nature can be resolved through negotiation and without court intervention. Having professional representation during this process ensures that any agreement reached adequately protects your business interests.

Reputation is hard-earned and easily damaged. While it is natural to feel defensive, particularly when your reputation is at stake, a combination of careful communication, evidence gathering and, where necessary, legal support will place you in the strongest position.