By Matthew Howe, Samuels Solicitors
What business owners and professionals can learn from the Eni Aluko case.
Reputation is as much an asset as money in the bank or property. It needs to be protected because if it is harmed, the consequences can be serious and, in some cases, irreversible.
In this online world, untrue, libellous and malicious accusations are published every day. This could be in the form of a fake review on a business’s Google page, an article in a national newspaper or a post on a social media platform.
If an untrue statement is read by others, and it causes, or is likely to cause, serious harm to someone’s reputation, they can bring a claim for defamation to compensate them for that harm.
The Eni Aluko Case
This is what happened when ex-footballer and pundit, Eni Aluko, was targeted by ex-footballer and manager, Joey Barton. In 2024, Mr Barton published a series of libellous and harassing posts to his millions of followers on X, comparing Ms Aluko and a fellow pundit to Fred and Rose West, alleging that Ms Aluko was the beneficiary of her Nigerian father’s “dodgy money” and that she had cynically sought to exploit her race.
Ms Aluko instructed reputation management experts, Samuels Solicitors LLP, to bring a claim for defamation (specifically libel) and harassment against Mr Barton which resulted in him being ordered to pay Ms Aluko £339,000 in damages and costs. Mr Barton was also made subject to an injunction to prevent him from publishing further defamatory statements about Ms Aluko.
The conclusion of Ms Aluko’s claim follows the earlier successful claim for harassment and libel brought against Mr Barton by BBC and Channel 5 presenter Jeremy Vine, in which Samuels Solicitors LLP were also instructed. In that case, Mr Barton was ordered to pay Mr Vine significant sums in damages and costs.
What can you do if you are defamed?
Business owners, professionals and those in the public eye should be mindful that, at any time, their reputations could come under attack and it is therefore important to have appropriate safeguards and plans in place. There are numerous lessons to be learned from cases such as Aluko and Vine, if you or your business are the victim of libel or harassment:
1. It is important to act promptly to prevent the accusations spreading or further accusations being published. A post on X, Instagram, TikTok or Facebook could be shared, liked and screenshotted hundreds or thousands of times very quickly.
2. Screenshots should be taken immediately of the original defamatory or harassing statements along with any comments, reactions or responses from the defendant’s followers. The URL of each defamatory or harassing post should also be recorded, along with the date and time of publication, and the number of reactions and responses generated by followers. This is crucial evidence in any claim for defamation or harassment.
3. Speak to a solicitor, or other representative, with a specialism in reputation management, as quickly as possible, to ensure that prompt but appropriate action is taken to limit any reputational harm and to help with collating and preserving evidence.
4. Once the necessary evidence has been captured, the defamatory or harassing publications should be reported to the appropriate platform, and the publisher should be contacted and warned that their statements are libellous or harassing and should be immediately deleted.
5. Consideration also needs to be given to the harm which has been caused to a victim’s reputation by the untrue statements and evidence of such harm preserved. If the victim is a company or business, it would also need to show that the statements have caused, or are likely to cause, serious financial loss.
What the Courts can award
If a claim for libel or harassment is successful then the Court can award compensation for reputational harm and an injunction, which is a type of Court order preventing the defendant from publishing the same or similar untrue statements again or encouraging others to do the same, or continuing with their harassing behaviour.
Reported defamation claims often involve celebrities and those in the public eye, but anyone who is the victim of untrue accusations or harassing behaviour is entitled to bring a claim for compensation.
Specialist advice in Newcastle
Samuels Solicitors LLP recently opened their Newcastle Office, headed up by reputation management expert, Matthew Howe. Anyone who has been the victim of harassment or libel can contact Mr Howe at 0191 622 1998 or mah@samuels-solicitors.co.uk.
www.samuels-solicitors.co.u