The claim and counterclaim in the case of Justin Baldoni and Blake Lively has led to significant media attention. You may already be familiar with the details: actress Blake Lively filed a claim against It Ends With Us director and co-star, Justin Baldoni alleging sexual harassment. This was followed by a counterclaim by Baldoni against the New York Times and Blake Lively, alleging defamation.
Defamation laws vary from country to country, as evidenced by the case of Johnny Depp and Amber Heard. While Johnny Depp’s defamation claim was unsuccessful in the English courts, he later succeed in pursing the same claim in a US courtroom.
The most recent high profile case in this country, Colleen Rooney v Rebekah Vardy, dubbed the ‘Wagatha Christie’ case became the focus of podcasts and a TV drama. While the public interest in a high-profile defamation case can be intense, it is hard for the law to strike the right balance between someone having the right to take someone to Court for making a false statement that lowers their reputation, and the right for someone to report an offence without being worried of the repercussions should they not be successful in Court.
For this reason, there are a number of defences to a claim for defamation. These include but are not limited to: truth, honest opinion, public interest, absolute privilege and qualified privilege. While the defence of truth is quite self-explanatory – why should someone be liable to pay damages for telling the truth? – the other defences are more nuanced and often lead to lengthy and expensive trials.
This will often lead to defendants in defamation proceedings seeking to have a claim struck out as early as possible, to avoid the negative reputational consequences as well as the cost and stress of a long drawn out Court process. In this particular case, Ryan Reynolds, the husband of Blake Lively who is named as one of the defendants in the counterclaim along with his wife, has made an application for the claim against him to be dismissed. In the application he sets out, amongst other points, that he is entitled to have a low opinion of Mr Baldoni due to the events that have transpired and that he is entitled to his right to free speech.
It is often difficult to dismiss a claim for defamation in the early part of proceedings, however there are times when it is worth trying due to the time and money that can be saved. This is why it is essential to take early advice in proceedings, which is something that our expert team can help with at Peacock & Co Solicitors. Contact us for more information.