This Practice Note considers the relationship between causes of action for reputational damage claims which may provide alternatives to a defamation claim. The claims considered include malicious falsehood, misuse of private information, breach of confidence, breach of data protection laws, harassment and negligent misstatement.

The tort of defamation is the principal cause of action relied on to protect the right to reputation. Broadly, a defamation claim will arise where there is a publication to third parties of words which lower a claimant in the estimation of right-thinking members of society generally, and which convey an imputation capable of causing serious harm to their reputation in circumstances where there is no applicable legal defence. For more information, see Practice Note: Defamation.

In some circumstances, it may be possible and indeed necessary to consider bringing a different type of claim, which might even be against someone other than the primary publisher. While caution should always be exercised about the risks of ‘dressing up’ what would otherwise be a defamation claim (as this would leave a claimant vulnerable