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“Quantify precisely the audience and exposure of damaging content to rebut the defence of no serious harm”

Serious Harm Report

The s1 Serious Harm test under the Defamation Act 2013 remains the source of much legal debate as it is not definitive what might constitute Serious Harm and what the evidential requirements are. The precedent recently set in Theedom v Nourish Training Ltd is instructive in confirming that claimants in many cases will be able to rely on the inferences of serious harm, which might be properly drawn from the context, and the nature and extent of their publication. In that case, of course, the nature and extent was plainly apparent in that the defamatory allegations formed part of emails sent to over 100 specified individuals - this may not always be the case though.

The Defamation Act 2013 enhanced the threshold of serious harm in proceedings and the same test is increasingly relevant in privacy cases. Digitalis's proprietary Serious Harm Report comprises generic and specific statistics to assist in quantifying the audience and exposure of the allegedly damaging content - whether a traditional title or a spurious blog. This ability, combined with an analysis of the client's online profile and reputation can inform a claim and provide credible evidence into the nature and extent of publication; delivering substantive, qualitative and quantitative outputs under privilege.

The Serious Harm Report is delivered under privilege and might be used in whole or in part in serving or defending a claim.