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Courtney Love Twibel case has lessons for all

By Patrick Bracher (ZA) on February 5, 2014

 

If you’re defamed, try and get a retraction or an apology.  Don’t try to get a judgment.

Courtney Love won her case because the jury found that although the tweet she sent suggesting that her attorney had been “bought off” was false, she did not know it was untrue.

The lawyer suing her had a bitter-sweet victory.  The allegation that they had been bought off was found to be untrue but they are widely reported as having lost the case.

If you ever think of bringing a defamation case remember a few things.

  • The costs will out-run any damages and satisfaction you are likely to get.
  • If you sue for a large sum of money you won’t get it and you will look like a big loser.
  • While I hope the law will develop that way, it is not possible to sue for an apology (which is a pity because it is restorative rather than punitive).
  • Don’t sue on principle because you will find the costs outrun your principles.
  • If you do go to court you will find that the media spends more time repeating the defamation than asserting your innocence.

If you’re defamed, try and get a retraction or an apology.  Don’t try to get a judgment.

  • Posted in:
    Financial
  • Blog:
    Financial Institutions Legal Snapshot
  • Organization:
    Norton Rose Fulbright

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